Website Terms and Conditions

1. About These Terms

These Website Terms and Conditions ("Terms") govern your access to and use of the Yusatech website located at yusatech.com.au and any associated subdomains (collectively, the "Website"). They form a legally binding agreement between you ("you" or "user") and Yubsara Investments Pty Ltd trading as Yusatech ("Yusatech").

These Terms are governed by and must be read in conjunction with the following applicable Australian laws:

• the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law ("ACL") set out in Schedule 2;
• the Privacy Act 1988 (Cth) and the Australian Privacy Principles ("APPs");
• the Electronic Transactions Act 1999 (Cth);
• the Spam Act 2003 (Cth);
• the Copyright Act 1968 (Cth);
• the Online Safety Act 2021 (Cth); and
• any other applicable Commonwealth, State, or Territory legislation.

Nothing in these Terms is intended to exclude, restrict, or modify any right or remedy, or any guarantee, warranty, or other term or condition implied or imposed by the ACL that cannot lawfully be excluded or limited.

2. Acceptance of Terms

By accessing or using the Website, you represent that you:

• are at least 18 years of age, or accessing the Website with the consent and supervision of a parent or legal guardian;
• have the legal capacity to enter into a binding agreement; and
• agree to be bound by these Terms and our Privacy Policy, which is incorporated into these Terms by reference.

If you are accessing or using the Website on behalf of a business or other legal entity, you represent that you have authority to bind that entity to these Terms. In that case, "you" refers to both you and that entity.

We may update these Terms from time to time. The updated version will be published on the Website with the revised "Last Updated" date. Your continued use of the Website after any update constitutes acceptance of the revised Terms. Where changes are material, we will take reasonable steps to draw your attention to them.

3. Use of the Website

3.1 Permitted use

You may access and use the Website for lawful purposes only, in accordance with these Terms and all applicable Australian laws and regulations. You may browse, download content for personal, non-commercial use, and interact with the Website's features as intended.

3.2 Prohibited conduct

You must not use the Website to:

• engage in any activity that is unlawful, fraudulent, deceptive, or harmful, including conduct that contravenes the ACL or any other applicable law;
• transmit, upload, or distribute any content that is defamatory, harassing, abusive, threatening, obscene, or otherwise objectionable;
• infringe the intellectual property rights of Yusatech or any third party, including copying, reproducing, distributing, or creating derivative works without authorisation;
• introduce or transmit any malware, virus, trojan, ransomware, spyware, or other malicious or harmful code;
• attempt to gain unauthorised access to any part of the Website, its servers, databases, or any connected system;
• use automated tools (including bots, scrapers, crawlers, or data-mining software) to access, extract, or index content from the Website without our prior written consent;
• impersonate any person or entity or misrepresent your affiliation with any person or entity;
• interfere with, disrupt, or overburden the Website or its infrastructure, including through denial-of-service attacks; or
• use the Website in any manner that could damage our reputation or the interests of our users.

Breach of these prohibitions may constitute a criminal offence under the Criminal Code Act 1995 (Cth) or the Cybercrime Act 2001 (Cth), and we reserve the right to report any such breach to the relevant authorities.

4. Intellectual Property

4.1 Ownership

All content on the Website, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, software, and the compilation and arrangement of such content (collectively, "Content"), is the property of Yusatech or its licensors and is protected by the Copyright Act 1968 (Cth) and other applicable intellectual property laws.

Our trade marks, service marks, logos, and business names ("Marks") are owned by or licensed to Yusatech. Nothing in these Terms grants you any right or licence to use our Marks without our prior written consent.

4.2 Limited licence

We grant you a limited, personal, non-exclusive, non-transferable, revocable licence to access and use the Website and its Content solely for your own personal, non-commercial purposes. This licence does not permit you to:

• reproduce, republish, upload, post, transmit, or distribute any Content without our prior written consent;
• modify or create derivative works based on any Content;
• sell, resell, sublicense, or otherwise commercially exploit any Content; or
• remove or alter any copyright, trade mark, or other proprietary notices.

Any authorised use of Content must retain all copyright and proprietary notices in their original form.

4.3 User-submitted content

Where the Website allows you to submit, post, or upload content (such as enquiry form responses, comments, or portfolio materials), you retain ownership of your original content but grant Yusatech a non-exclusive, royalty-free, worldwide licence to use, store, reproduce, and display that content for the purposes of operating the Website and providing our services. You represent and warrant that any content you submit does not infringe any third-party rights and complies with all applicable laws.

5. Consumer Guarantees and Your Statutory Rights

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy that you have under the ACL or any other applicable Australian law that cannot lawfully be excluded or limited.

Under the ACL, consumers are entitled to certain non-excludable guarantees in relation to goods and services, including that services will be rendered with due care and skill and will be fit for the purpose for which they are supplied. Where Yusatech supplies goods or services to a consumer within the meaning of the ACL, those statutory guarantees apply.

To the extent permitted by law, where our goods or services are not of a kind ordinarily acquired for personal, domestic, or household use or consumption, our liability for a failure to comply with a consumer guarantee is limited, at our option, to:

• in the case of services: re-supplying the services or paying the cost of having the services re-supplied; and
• in the case of goods: replacing or repairing the goods, supplying equivalent goods, or paying the cost of replacement, repair, or equivalent supply.

6. Disclaimer of Warranties

To the maximum extent permitted by law, and subject to Section 5, the Website and its Content are provided on an "as is" and "as available" basis without any warranties, express or implied. Yusatech does not warrant that:

• the Website will be available continuously, error-free, or free from viruses or other harmful components;
• any information or Content on the Website is accurate, complete, current, or suitable for any particular purpose;
• defects will be corrected; or
• the Website or its servers are free from harmful components.

General information and content published on this Website is provided for informational purposes only. It does not constitute legal, financial, technical, or professional advice. You should obtain independent professional advice tailored to your circumstances before relying on any information on the Website.

7. Limitation of Liability

Subject to Section 5 (Consumer Guarantees) and to the extent permitted by law, Yusatech and its officers, employees, agents, contractors, and licensors will not be liable for any loss or damage (whether direct, indirect, incidental, special, consequential, or otherwise) arising out of or in connection with:

• your access to or use of (or inability to access or use) the Website;
• any errors, omissions, or inaccuracies in the Content;
• any interruption, suspension, or termination of the Website;
• any unauthorised access to or alteration of your data;
• any third-party content, websites, or services linked to or from the Website; or
• any virus, malware, or other harmful component transmitted through the Website.

To the extent that liability cannot be excluded, our total aggregate liability to you for all claims arising out of or in connection with these Terms or the Website is limited to AUD $100.

These limitations apply even if Yusatech has been advised of the possibility of such loss or damage, and notwithstanding any failure of essential purpose of any limited remedy.

8. Third-Party Links and Content

The Website may contain links to websites, applications, or content operated by third parties. These links are provided for your convenience only. Yusatech does not endorse, control, or take responsibility for the content, privacy practices, or terms of any third-party website or resource.

Your access to and use of any third-party website is at your own risk and is subject to that third party's own terms and conditions and privacy policy. We encourage you to review those documents before providing any personal information to a third party.

9. Privacy and Personal Information

Yusatech collects and handles personal information in accordance with the Privacy Act 1988 (Cth), the Australian Privacy Principles, and our Privacy Policy. By using the Website, you consent to our collection, use, and disclosure of personal information as described in our Privacy Policy.

Our website uses cookies and similar tracking technologies. For details of how we use these technologies and your options for managing them, please refer to our Privacy Policy.

10. Online Safety and Acceptable Use

Yusatech is committed to providing a safe online environment. In accordance with the Online Safety Act 2021 (Cth), we will take reasonable steps to address online safety concerns relating to our Website.

You must not use the Website to:

• post, upload, or transmit any content that constitutes cyber-abuse, cyber-bullying, or a serious online safety matter within the meaning of the Online Safety Act 2021 (Cth);
• threaten, intimidate, or harass any person; or
• post or distribute material that depicts the non-consensual sharing of intimate images, which is prohibited under the Online Safety Act 2021 (Cth) and related state and territory legislation.

If you have concerns about online safety content on our Website, please contact us using the details in Section 15.

11. Electronic Communications

In accordance with the Electronic Transactions Act 1999 (Cth), communications sent to us electronically (including via email, online forms, or other digital means) have the same legal effect as written communications. When you use the Website or communicate with us electronically, you consent to receiving electronic communications from us in return, to the extent permitted by applicable law.

Any commercial electronic messages we send to you will comply with the Spam Act 2003 (Cth) and will include a functional unsubscribe facility.

12. Suspension and Termination of Access

We reserve the right to suspend, restrict, or terminate your access to all or any part of the Website at any time, without notice, if we reasonably believe that you have breached these Terms or applicable law. Termination of access does not affect any rights or liabilities that have accrued prior to termination.

We may also modify, suspend, or discontinue the Website (or any feature or part of it) at any time, with or without notice, without liability to you, subject to your non-excludable statutory rights under the ACL.

13. Unfair Contract Terms

These Terms are intended to comply with the unfair contract terms regime set out in Part 2-3 of the ACL (as amended by the Treasury Laws Amendment (More Competition, Better Prices) Act 2022 (Cth), effective 9 November 2023). If any term of these Terms is found by a court or tribunal to be unfair within the meaning of section 24 of the ACL, that term will be void to the extent of its unfairness, and the remaining Terms will continue in full force and effect.

Yusatech does not seek to rely on any term that would cause a significant imbalance in the parties' rights and obligations, is not reasonably necessary to protect our legitimate interests, or would cause detriment to you if applied or relied upon.

14. Dispute Resolution

If a dispute arises in connection with these Terms or the Website, the parties agree to the following process:

• Step 1 — Notice: The party raising the dispute must give written notice to the other party describing the dispute in reasonable detail.
• Step 2 — Good faith negotiation: The parties will attempt to resolve the dispute through good faith discussions within 14 days of the notice being given (or such longer period as the parties agree).
• Step 3 — Mediation: If the dispute is not resolved within the negotiation period, either party may refer it to mediation administered by a recognised mediation body in Victoria before commencing legal proceedings.
• Step 4 — Legal proceedings: If mediation does not resolve the dispute, either party may commence legal proceedings in the courts referred to in Section 16.

Nothing in this clause prevents a party from seeking urgent interlocutory or injunctive relief where necessary to protect its rights.

You may also have the right to seek assistance from the Australian Competition and Consumer Commission (ACCC) at accc.gov.au, or from the relevant state or territory consumer protection authority.

15. Contact Us

For any questions, concerns, or notices in connection with these Terms, please contact us using the details below.

16. Governing Law and Jurisdiction

These Terms are governed by the laws of the State of Victoria, Australia, and applicable Commonwealth law. You and Yusatech submit to the non-exclusive jurisdiction of the courts of Victoria and the Federal Court of Australia for the resolution of any dispute arising under or in connection with these Terms.

17. General

17.1 Severability

If any provision of these Terms is held to be invalid, void, or unenforceable under applicable law, that provision will be severed to the extent of its invalidity, and the remaining provisions will continue in full force and effect.

17.2 Waiver

A failure or delay by Yusatech to exercise any right or remedy under these Terms does not operate as a waiver of that right or remedy. A waiver of any breach does not constitute a waiver of any subsequent or continuing breach.

17.3 Entire agreement

These Terms, together with our Privacy Policy and any other policies or agreements referred to herein, constitute the entire agreement between you and Yusatech with respect to your use of the Website, and supersede all prior agreements, representations, and understandings relating to that subject matter.

17.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. Yusatech may assign or transfer its rights and obligations under these Terms in connection with a merger, acquisition, sale of assets, or by operation of law, without your consent, provided this does not materially prejudice your rights.

17.5 Relationship of the parties

Nothing in these Terms creates a partnership, joint venture, agency, franchise, employment, or fiduciary relationship between you and Yusatech.