These Terms and Conditions of Use (Terms) govern your access to and use of the Yuzu Communications website located at https://yuzucom.tech/ (and any successor URL) (Website), operated by Yuzu Labs Pty Ltd (ABN 12 682 064 839), (Yuzu Communications, we, us, our).
By accessing or using the Website, you agree to be bound by these Terms. If you do not agree, you must not use the Website.
These Terms are intended for business users (you, your). If you are accessing the Website on behalf of an organisation, you represent and warrant that you have authority to bind that organisation to these Terms.
1. About us
Yuzu Communications is a communications, community consultation and stakeholder engagement consultancy operating in Australia and New Zealand. We combine experienced practitioners with purpose-built technology, including our proprietary consultation intelligence platform, Enganuity, to help organisations engage communities, manage stakeholders and make better decisions.
Our registered office is located at Level 6, 25 King Street, Bowen Hills, Queensland 4006, Australia.
Enquiries may be directed to info@yuzucom.tech.
These Terms constitute a legally binding agreement between you and Yuzu Communications.
We may update these Terms from time to time. The current version will always be published on the Website with the date of last update. Your continued use of the Website after any update constitutes acceptance of the revised Terms.
These Terms should be read together with our Privacy Policy, which is incorporated by reference and governs how we collect, use and disclose personal information in connection with the Website.
2. Use of the website
You may use the Website for lawful purposes only and in accordance with these Terms.
You must not use the Website:
- in any way that violates any applicable Australian, New Zealand or other applicable law or regulation;
- to transmit any unsolicited or unauthorised advertising or promotional material;
- to impersonate or attempt to impersonate Yuzu Communications, any of its employees, another user or any other person or entity;
- to engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which may harm Yuzu Communications or users of the Website;
- to introduce any viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful;
- to attempt to gain unauthorised access to any part of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website; or
- to scrape, harvest or otherwise extract data from the Website by automated means without our prior written consent.
We reserve the right to suspend or terminate your access to the Website at any time if we reasonably believe you have breached these Terms.
3. Services and enquiries
The Website provides information about Yuzu Communications’ services, including consultation analysis, stakeholder engagement, end-to-end engagement delivery, and access to the Enganuity platform. The Website also provides access to a free Survey Health Check tool.
Information on the Website is provided for general informational purposes only and does not constitute an offer to provide services. Any engagement of Yuzu Communications’ services will be subject to a separate written agreement between the parties.
Enquiries submitted through the Website’s contact form or other communication channels do not create a binding contract or obligation on either party.
All services provided by Yuzu Communications are subject to the terms of the applicable engagement agreement or statement of work entered into between Yuzu Communications and the client.
4. Free tools
The Website may offer free tools, including the Survey Health Check (Free Tools). Free Tools are provided on an “as is” basis for informational purposes only.
Results generated by Free Tools are automated and indicative only. They do not constitute professional advice and should not be relied upon as a substitute for professional consultation or expert review.
We make no warranty as to the accuracy, completeness or fitness for purpose of any output generated by Free Tools.
We reserve the right to modify, suspend or discontinue any Free Tool at any time without notice.
5. Intellectual property
The Website and all content on it, including but not limited to text, graphics, logos, images, case studies, blog articles, software, the Enganuity platform name and branding, and the selection and arrangement of content (Content), are owned by or licensed to Yuzu Communications and are protected by Australian and New Zealand copyright law and applicable intellectual property laws.
You may access and view the Content for your own internal business purposes. You must not, without our prior written consent:
- reproduce, copy, modify, adapt, translate or create derivative works from any Content;
- distribute, publish, transmit or make available any Content to any third party;
- remove or alter any copyright, trademark or other proprietary notices on the Content; or
- use any Content for any commercial purpose other than evaluating or engaging Yuzu Communications’ services.
All trade marks, service marks and trade names displayed on the Website are the property of Yuzu Communications or their respective owners. Nothing on the Website grants any licence or right to use any trade mark without the prior written consent of the owner.
If you submit any feedback, suggestions or ideas to us through the Website, you grant us a non-exclusive, royalty-free, perpetual licence to use, reproduce and incorporate that feedback for any purpose, without obligation to you.
6. Privacy and data
We collect, use and disclose personal information in accordance with our Privacy Policy, available at https://yuzucom.tech/privacy/. Our Privacy Policy complies with the Privacy Act 1988 (Cth) and the Australian Privacy Principles, and the Privacy Act 2020 (NZ) and the New Zealand Privacy Principles.
By using the Website, you consent to the collection and use of your information as described in our Privacy Policy.
Where you submit personal information about third parties (including community members or stakeholders) through any enquiry or tool on the Website, you represent and warrant that you have obtained all necessary consents and authorisations to do so, and that such submission complies with all applicable privacy laws.
We use third-party service providers to operate the Website and deliver our services. These providers may process data on our behalf. We take reasonable steps to ensure that any such providers handle personal information in accordance with applicable privacy laws.
7. AI and technology disclosure
Yuzu Communications uses artificial intelligence and machine learning technologies, including large language models, as part of its service delivery and platform operations. These technologies are used to assist in the analysis of unstructured feedback, identification of themes and sentiment, and generation of insights.
All AI-generated outputs are reviewed and validated by experienced human practitioners before being provided to clients. AI outputs are not provided as standalone professional advice.
We are committed to the ethical use of AI in community consultation. Our approach is governed by our published Code of Ethics, available on the Website.
The Website may use cookies and similar tracking technologies. Details of our use of cookies are set out in our Privacy Policy.
8. Third-party links and content
The Website may contain links to third-party websites or resources. These links are provided for your convenience only. We do not endorse, control or take responsibility for the content, privacy practices or availability of any third-party websites.
Your use of any third-party website is at your own risk and subject to the terms and conditions of that website.
9. Disclaimers
The Website and its Content are provided on an “as is” and “as available” basis. To the maximum extent permitted by law, we make no representations or warranties of any kind, express or implied, regarding the Website or its Content, including as to accuracy, completeness, reliability, suitability or availability.
We do not warrant that the Website will be uninterrupted, error-free or free of viruses or other harmful components.
Nothing on the Website constitutes legal, financial, technical or other professional advice. You should obtain independent professional advice before acting on any information on the Website.
Case studies and results described on the Website reflect specific engagements and are not a guarantee of outcomes for future engagements.
10. Limitation of liability
To the maximum extent permitted by applicable law, Yuzu Communications and its officers, employees, contractors and agents exclude all liability for any loss or damage arising out of or in connection with your use of, or inability to use, the Website or its Content, including:
- any direct, indirect, incidental, special or consequential loss;
- loss of profits, revenue, data, goodwill or business opportunity; or
- any loss arising from reliance on information or content on the Website.
Where liability cannot be excluded by law, our liability is limited to the maximum extent permitted by law.
Nothing in these Terms excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by any legislation that cannot lawfully be excluded or limited, including under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or the Consumer Guarantees Act 1993 (NZ).
These Terms do not limit or exclude any liability that cannot be limited or excluded under applicable law.
11. Indemnity
You agree to indemnify, defend and hold harmless Yuzu Communications and its officers, employees, contractors and agents from and against any claims, liabilities, damages, losses, costs and expenses (including reasonable legal fees) arising out of or in connection with:
- your use of the Website in breach of these Terms;
- any content or information you submit through the Website; or
- your breach of any applicable law or the rights of any third party.
12. Payment terms
Services provided by Yuzu Communications are invoiced in accordance with the terms of the applicable engagement agreement or statement of work.
Unless otherwise agreed in writing, payment is due within 30 days of the date of a correctly rendered tax invoice.
All fees are quoted exclusive of GST (Australia) and GST (New Zealand) unless otherwise stated. Applicable taxes will be added to invoices as required by law.
Invoices will be issued in Australian dollars unless otherwise agreed in writing.
We reserve the right to charge interest on overdue amounts at a rate of 2% per annum above the Reserve Bank of Australia cash rate, calculated daily from the due date until the date of payment.
Queries regarding invoices must be raised in writing within 14 days of receipt. Undisputed amounts remain payable by the due date.
13. Governing law and jurisdiction
These Terms are governed by the laws of Queensland, Australia.
You submit to the non-exclusive jurisdiction of the courts of Queensland, Australia, and the Federal Court of Australia, for the resolution of any dispute arising out of or in connection with these Terms.
Where you are located in New Zealand, nothing in these Terms limits any rights you may have under New Zealand law, including the Consumer Guarantees Act 1993 (NZ) and the Fair Trading Act 1986 (NZ).
14. General
- Entire agreement: These Terms, together with our Privacy Policy and any applicable engagement agreement, constitute the entire agreement between you and Yuzu Communications with respect to your use of the Website.
- Severability: If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision will be severed and the remaining provisions will continue in full force and effect.
- Waiver: A failure or delay by us to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy.
- Assignment: You may not assign or transfer any rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without your consent.
- Force majeure: We are not liable for any failure or delay in performing our obligations under these Terms to the extent caused by circumstances beyond our reasonable control.
- Contact: For questions about these Terms, please contact us at info@yuzucom.tech.
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