Yuccan International Ltd - General Terms of Use

            These General Terms of Use (“Terms”) form a legally binding agreement between you and Yuccan International Ltd (“we,” “our,” “us”). By using or accessing our websites, platforms, applications, and services (collectively, the “Services”), you agree to these Terms. If you do not agree, do not use the Services.
        

1. No Waiver of Rights

Failure by us to enforce any provision of these Terms shall not constitute a waiver of our rights to enforce that or any other provision at any time.

2. Eligibility

You may only use the Services if you are of legal age in your jurisdiction or under verifiable supervision of a parent/guardian if you are not, and if you are not barred from use of the Service under any applicable law, sanction, or export control regulation.

3. Pricing and Payment

(a) - Prices for our products and services are as published on our website, in order forms, or in applicable promotional offers. Unless expressly stated otherwise, all prices are exclusive of GST, VAT, sales tax, or other applicable duties.
(b) - We reserve the right to adjust our pricing at any time. Where you are on a recurring subscription, we will provide at least 30 days’ notice of any price change before renewal.
(c) - Promotional or discounted pricing is valid only for the period stated and will automatically revert to standard pricing thereafter.
(d) - Payments are due upfront unless otherwise agreed in writing. Failure to pay on time may result in suspension or termination of services.
(e) - All fees must be paid in the currency stated, without set-off or deduction, and you are responsible for any bank charges or transaction fees.

4. Zero Tolerance of Automated Access and Services Misuse

If you create an account, you are responsible for all activity under your credentials and must notify us immediately of unauthorized access. You also agree not to use any of the Services to:

(a) - submit false, misleading, or offensive content.
(b) - harass, abuse, or impersonate any person or entity.
(c) - violate any laws or third-party rights.
(d) - probe, scan, or breach security measures.
(e) - attempt to introduce and transmit viruses, malware, harmful code, or otherwise disrupt the Services.
(f) - access, copy, or scrape the Services via bots, spiders, or other automated means without Yuccan International Ltd’s prior written consent.
(g) - harvest data or build competitive services using our content or outputs.
(h) - exceed rate limits or mask misuse through anonymization or proxy services.

On verifiable determination of Services misuse, we reserve the right to selectively restrict access to this website, and may take immediate action (including suspension/termination and legal proceedings) without prior notice. Notice of the action being taken will be provided concurrently with the action.

5. Limited License to Use the Services

Subject to these Terms, Yuccan International Ltd grants you a limited, revocable, non‑exclusive, non‑transferable license to access and use the Services for lawful purposes.

6. Content Reservation (Text, Logos, Graphics, Layout)

Except for the limited license referred to in Clause 5, all rights in and to text, images, graphics, page layouts/“look and feel,” logos, icons, videos, and other content, are reserved by Yuccan International Ltd. You may not copy, reproduce, distribute, modify, publicly display, perform, or create derivative works from such content without our express written permission. Use of Yuccan International Ltd’s trademarks, logos, or trade dress in a manner likely to cause confusion or suggest sponsorship or endorsement is prohibited.

7. Intellectual Property Ownership and License

8. User Content and Feedback License

You retain ownership of content you submit (“User Content”). You grant Yuccan International Ltd a worldwide, royalty‑free, sublicensable and transferable license to host, reproduce, adapt, publish, and display User Content to operate and improve the Services. If you provide feedback or suggestions, you grant Yuccan International Ltd a perpetual, irrevocable, royalty‑free license to use them without restriction or attribution. You warrant non-infringement and indemnify us against claims.

9. Privacy and Data Protection

Your use of the Service is subject to Yuccan International Ltd's General Privacy Policy, which incorporates applicable data protection requirements in compliance with GDPR, CCPA, and global regulations including telecommunications privacy laws. For specific provisions regarding telephone number collection, SMS/MMS messaging, and voice communications, see Clause 10 of these Terms and Section 7 of the Privacy Policy. Nothing in these Terms limits non‑waivable privacy or consumer rights under mandatory law.

10. Telephone and SMS/MMS Communications

If you voluntarily provide your telephone number through our contact forms, chatbot, or other channels, you acknowledge the following:

(a) - Consent. By providing your phone number and expressly opting in, you consent to receive communications from Yuccan International Ltd via telephone calls, SMS, or MMS messages related to the purpose for which you provided the number. Consent for SMS/MMS is separate from any other form of communication consent (e.g., email). Pre-checked consent boxes are never used; consent requires your affirmative action. Providing your phone number alone does not constitute consent to receive SMS or marketing calls.
(b) - Age restriction. You must be at least 18 years of age to opt in to receive SMS/MMS messages or telephone calls from Yuccan International Ltd. If you are between 13 and 17 years of age, you may only opt in with verifiable parental or legal guardian consent. We do not knowingly collect phone numbers or SMS consent from individuals under 13 years of age.
(c) - Optional collection. Phone number collection is always optional. Providing a phone number is never a condition of purchasing goods or services, and form submission is never conditional on SMS consent.
(d) - Types of messages. Messages may include: responses to inquiries, appointment or consultation confirmations, service updates, and follow-up communications relevant to your request. We will not send marketing or promotional SMS/MMS unless you have provided separate, explicit consent for marketing messages.
(e) - Message frequency. Message frequency varies based on your interactions with us. Standard message and data rates may apply as determined by your mobile carrier.
(f) - Opt-out. You may revoke consent to receive SMS/MMS messages at any time by replying STOP to any message, or by contacting us at [email protected], or by any other reasonable method. Opt-out requests will be honoured within 5 business days. After opting out, you will receive one final confirmation message and no further SMS/MMS messages will be sent. You may opt back in at any time by contacting us.
(g) - Help and support. For assistance, reply HELP to any message or contact us at [email protected] or +64 9 886 4638.
(h) - Calling hours. We will only place telephone calls or send SMS/MMS messages between 8:00 AM and 9:00 PM in the recipient's local time, unless the communication is in direct response to an urgent inquiry initiated by you, or unless you have expressly consented to contact outside these hours.
(i) - Carrier liability. Mobile carriers are not liable for delayed or undelivered messages. Message delivery is subject to your carrier's network availability and coverage.
(j) - No third-party sharing of consent data. We do not sell, rent, share, or disclose your phone number or SMS/MMS opt-in consent data to any third parties or affiliates for their marketing or promotional purposes. This exclusion applies to all text messaging originator opt-in data and consent. Disclosure to service providers (e.g., SMS delivery platforms) is limited to what is strictly necessary to deliver messages on our behalf, subject to contractual confidentiality obligations.
(k) - Do Not Call registers. We comply with applicable Do Not Call registers and suppression lists in all jurisdictions where we operate. If your number is listed on a Do Not Call register, we will not contact you by telephone for marketing purposes unless you have provided separate, specific, express consent.
(l) - Record-keeping. We maintain records of SMS/telephone consent (including when, how, and what consent was given) for a minimum of five (5) years from the date consent was last relied upon, or as otherwise required by law.
(m) - Regulatory compliance. Our telephone and SMS/MMS communications practices are designed to comply with applicable laws and regulations, including but not limited to: the New Zealand Unsolicited Electronic Messages Act 2007, the U.S. Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, the EU General Data Protection Regulation (GDPR) and ePrivacy Directive, Australia's Spam Act 2003 and Do Not Call Register Act 2006, Canada's Anti-Spam Legislation (CASL), U.S. A2P 10DLC registration requirements, and CTIA Messaging Principles and Best Practices. Where jurisdiction-specific requirements conflict, the more protective standard applies.

11. Third-Party Websites, Content, Products, and Services

This website contains links to third-party websites, content, products, and services. These are provided for your convenience and, unless explicitly stated, do not signify that we endorse them. We have no responsibility for any third-party websites, content, products, and services.

12. Limitation of Service

Yuccan International Ltd provides the Services using reasonable skill, care, and commercially reasonable efforts to maintain availability. However, to the maximum extent permitted by law, the Services are otherwise provided “AS IS” and “AS AVAILABLE”. We do not guarantee that the Services will be uninterrupted, error-free, or suitable for every purpose. Except as expressly set out in these Terms, all warranties (express, implied, or statutory), including merchantability, fitness for a particular purpose, non-infringement, and accuracy, are disclaimed. Nothing in this Clause limits any non-waivable statutory rights you may have under applicable law.

13. Limitation of Liability

To the fullest extent permitted by law, Yuccan International Ltd shall not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, goodwill, data, or business interruption. Our aggregate liability to you for all claims arising directly under these Terms will not exceed the greater of:

(a) - the total amounts you paid to Yuccan International Ltd for the Services in the 12 months before the claim; or
(b) - USD $100 (or the equivalent in local currency, calculated at the prevailing exchange rate on the date of the event giving rise to the claim).

Nothing in these Terms excludes liability that cannot be excluded by law, including but not limited to fraud, death, or personal injury caused by gross negligence.

14. Indemnification – Third-Party Claims

You agree to indemnify, defend, and hold harmless Yuccan International Ltd, its subsidiaries, affiliates, directors, officers, employees, contractors, and agents (“Indemnified Parties”) from and against any third-party claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising out of or relating to:

(a) - your access to or use of the Services in violation of these Terms;
(b) - your breach of any representation, warranty, or obligation under these Terms; or
(c) - your infringement, misappropriation, or violation of any intellectual property or other rights of a third party.

This indemnity does not apply to the extent such claims arise directly from Yuccan International Ltd's own gross negligence or willful misconduct. For clarity, your indemnification obligations under this Clause relate to third-party claims and are independent of, and not subject to, the liability limitations in Clause 13.

15. Export Controls and Sanctions Compliance

You represent that you are not located in, under the control of, or a national or resident of any country or person subject to embargoes, sanctions, or similar restrictions, and you will not use the Services in violation of applicable export control or sanctions laws.

16. Beta, Trial, and Pre‑Release Features

Certain website features may be identified as beta, trial, or pre‑release and may be incomplete or change at any time. They are provided “AS IS,” and may be disabled without notice.

17. APIs and Programmatic Use

If we provide APIs, your use of any provided API is subject to additional documentation, rate limits, and security requirements, which are provided at point of signup. We may revoke API access for violation of these Terms.

18. Rights Assignments and Transfers

You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations to affiliates or in connection with a merger, acquisition, or asset sale.

19. Force Majeure

Yuccan International Ltd is not liable for delay or failure to perform due to events beyond its reasonable control, including natural disasters, acts of government, labor disputes, internet or telecommunication failures, acts of terrorism, or cyberattacks.

20. Injunctive Relief

You agree that any actual or threatened breach of Clause 4 (Zero Tolerance of Automated Access and Services Misuse), 5 (Content Reservation (Text, Logos, Graphics, Layout), 6 (Intellectual Property Ownership and License), or 15 (Export Controls and Sanctions Compliance) would cause Yuccan International Ltd irreparable harm for which monetary damages would be an inadequate remedy. Accordingly, Yuccan International Ltd will be entitled to seek injunctive relief, specific performance, or other equitable remedies from any court of competent jurisdiction, without the necessity of posting bond or proving actual damages, in addition to any other remedies available at law or in equity.

21. Class/Representative Action Waiver and Jury Trial Waiver (Subject to Local Law)

(a) - Individual resolution. To the maximum extent permitted by applicable law, both you and Yuccan International Ltd agree to bring disputes only in an individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. No arbitrator or court may consolidate claims or otherwise preside over any form of class, collective, consolidated, or representative proceeding involving the parties.
(b) - Jury trial waiver. To the extent a dispute is heard in court rather than arbitration, both parties irrevocably waive any right to a jury trial to the fullest extent permitted by law.
(c) - Mandatory carve-outs (consumers & public rights). This Clause 21 does not restrict any non-waivable rights, including:
- (i) EU/EEA/UK consumers to the extent restriction would conflict with applicable collective redress/representative-action regimes (including Directive (EU) 2020/1828) and local consumer law;
- (ii) California consumers' right to seek public injunctive relief in any forum as required by California law; and
- (iii) any other non-waivable statutory right under local law.
(d) - Severability and fallback. If any part of this Clause 21 is found unenforceable in a particular jurisdiction, that part will be severed for users in that jurisdiction and the remainder will continue in full force. Where a class/representative waiver is unenforceable, the dispute will proceed on an individual basis to the extent allowed by law (and any arbitration may proceed only on an individual basis unless the parties expressly agree otherwise in writing).
(e) - Primacy. This Clause 21 operates together with Clause 26 - Dispute Resolution. If there is a conflict, the terms of this Clause 21 govern only the questions of class/representative procedures and jury trial.

22. Notice and Takedown

If you believe content on the Services infringes your rights, send a detailed notice to [email protected] including: identification of the work, the allegedly infringing material (URL), your contact information, a statement of good‑faith belief, and a statement under penalty of perjury that the information is accurate and that you are authorized to act. We may remove content and, where appropriate, terminate repeat infringers signed up to the Services.

23. Official Notices and Communication

You consent to receive notices electronically through the Services or through the email address you provide to us during signup. All official notices or communications to Yuccan International Ltd under these Terms must be in writing and delivered through the following valid channels only:

(a) - By email: [email protected];
(b) - By registered mail or courier to: Yuccan International Ltd, 51 Abbotts Way, Remuera, Auckland 1050, New Zealand.

Notices are deemed received:

(a) - if sent by email, on the date successfully transmitted;
(b) - if sent by registered mail or courier, on the date of delivery as evidenced by tracking or receipt.

24. Changes to Terms and Archiving

These Terms may be revised at any time without prior notice. Material changes will be notified via the Services and email, with information on effective date. Continued use after the effective date constitutes acceptance. We will maintain an archive of prior versions and their effective dates for transparency.

25. Entire Agreement; Order of Precedence; Severability

These General Terms of Use (and any currently applicable supplemental terms and policies) are the entire agreement regarding the Services, and supersede prior Terms of Use. You acknowledge that you have not relied on, and Yuccan International Ltd expressly disclaims responsibility for, any representations, warranties, or promises not expressly set out in these General Terms of Use (and any currently applicable supplemental terms and policies). In particular, FAQs, support articles, and marketing statements are provided for informational purposes only and do not create binding obligations.

26. Governing Law; Dispute Resolution; Anti‑Forum Shopping

These Terms are governed by the laws of New Zealand, unless mandatory law of your residence requires otherwise. Disputes will first be negotiated in good faith. If unresolved, they will be submitted to binding arbitration under ICC/LCIA rules in London, England. Courts of the Primary Jurisdiction have exclusive jurisdiction for enforcement, except where local law mandates otherwise.

Annex A – Mandatory Consumer‑Law Carve‑Outs (Non‑Exhaustive)

Nothing in these Terms excludes or limits rights that cannot be excluded by law. Examples include:

(a) - EU/EEA/UK: Consumer rights under the Consumer Rights Directive / UK Consumer Rights Act 2015, including statutory guarantees and withdrawal rights.
(b) - Australia: Australian Consumer Law (ACL) statutory guarantees.
(c) - New Zealand: Consumer Guarantees Act 1993 and Fair Trading Act 1986; if you acquire the Services for business purposes, you agree that the CGA does not apply to the extent permitted by law.
(d) - California and certain U.S. states: Non‑waivable consumer protections and specific notice requirements.
(e) - Quebec and other jurisdictions with non‑waivable implied warranties or language requirements.

Contact Us

For questions regarding these General Terms of Use, please call us on +64 9 886 4638 during business hours (9am to 5pm weekdays; Pacific-Auckland time) or use the other contact channels provided in Clause 23 above.

Last updated: February 2026