Yodii PTY LTD
APP TERMS of USE
Welcome to the exciting world of Terms and Conditions! We know basically nobody reads these, but in case you're one of the special few who do, here they are! (Tip: if you're short on time, be sure to check out the highlighted sections first.)
If you have any questions email us at hello@yodii.io
Happy reading!
Table of Contents
Legal rights apply; no refunds for change of mind.
14. Intellectual Property & Data
We own the platform; you own your content, but we can feature your work when marketing Yodii; keep your data safe.
We’re not liable for third-party issues; limited to fees paid.
We can suspend or terminate accounts for breaches; you can terminate with refund for unused subscription.
Dispute resolution, legal jurisdiction, third-party site links, and notice info.
Clear terms for account, users, services, liability, and data.
Yodii App Terms and Use
Welcome to Yodii! We provide a map-based content discovery platform where where Business Users can showcase their content, information or offerings (Offers) and Non-Business Users can discover local businesses through short-form video content (Platform)
In these Terms, when we say you or your, we mean both you and any entity you are authorised to represent (such as your employer). When we say we, us, or our, we mean Yodii Pty Ltd (ACN 679 271 884). Business Users refer to businesses and content creators who showcase their offerings on our Platform. Non-Business Users are individuals who use the Platform as customers to discover local businesses.
These Terms form our contract with you and set out our obligations as a service provider and your obligations as a user. You cannot use our Services unless you agree to these Terms. The obligations in these Terms apply equally to Business Users and Non-Business Users, unless we state otherwise.
While our Platform facilitates connections between Business Users and Non-Business Users, we are not a marketplace and do not facilitate direct transactions between users. Users are advised to seek independent tax advice regarding any transactions conducted outside our Platform.
Some capitalised words in these Terms have defined meanings, and each time that word is used in these Terms it has the same meaning. You can find a list of the defined words and their meaning at the end of these Terms.
For questions about these Terms, or to get in touch with us, please email: hello@yodii.io.
These Terms were last updated on 14 March 2025.
OUR DISCLOSURES
Please read these Terms carefully before you accept. We draw your attention to:
our privacy policy (on our website) which sets out how we will handle your personal information;
clause 1.5 (Variations) which sets out how we may amend these Terms;
clause 7 (Subscription) which sets out important information about your Subscription, including whether you can cancel your Subscription and whether your Subscription auto-renews; and
clause 15 (Liability) which sets out exclusions and limitations to our liability under these Terms.
We may receive a benefit (which may include a referral fee or a commission) should you visit certain third party websites through a link on our Platform, or for featuring certain goods or services on our Platform.
These Terms do not intend to limit your rights and remedies at law, including any of your Consumer Law Rights.
1. Platform License and Term
1.1 These Terms apply from when you sign up for an Account, until the date on which your Account is terminated in accordance with these Terms. We grant you a right to use our Services for this period of time only.
1.2 Business Users must be at least 18 years old to create an account. There are no age restrictions for Non-Business Users, but users under 18 should obtain parental consent.
Platform License
1.3 While you have an Account, we grant you a right to use our Platform (which may be suspended or revoked in accordance with these Terms). This right cannot be passed on or transferred to any other person and, if you have a Subscription, will also be subject to the conditions of your Subscription (as set out on our Platform or in your Account).
1.4 You must not:
(a) access or use our Platform in any way that is improper or breaches any laws, infringes any person's rights (for example, intellectual property rights and privacy rights), or gives rise to any civil or criminal liability;
(b) interfere with or interrupt the supply of our Platform, or any other person’s access to or use of our Platform;
(c) introduce any viruses or other malicious software code into our Platform;
(d) attempt to access any data or log into any server or account that you are not expressly authorised to access;
(e) use our Platform to send unsolicited electronic messages;
(f) use dating mining, robots, scraping or other data gathering and extraction tools on our Platform;
(g) access or use our Platform to transmit, publish or communicate material that is, defamatory, offensive, abusive, indecent, menacing, harassing or unwanted;
(h) post false or misleading information, or engage in deceptive practices;
(i) post explicit or pornographic material;
(j) engage in harassment, hate speech, or threatening behaviour towards other users;
(k) attempt to manipulate, abuse, or exploit our Platform or its features;
(l) act in bad faith or with a lack of integrity in your interactions on the Platform;
(m) discriminate against or exclude people based on race, gender, or religion in a way that promotes division, except for permitted age-restricted or culturally specific events as outlined in clause 9; or
(n) violate the terms of your Subscription or any additional terms related to Promotional Opportunities or Discount Codes.
1.5 Variations: We may amend these Terms at any time, by providing written notice to you. By clicking “I accept” or continuing to use our Platform after the notice or 30 days after notification (whichever date is earlier), you agree to the amended Terms. If you do not agree to the amendment, you may close your Account and cancel your Subscription with effect from the date of the change in these Terms by providing written notice to us. If you cancel your Subscription:
(a) you will no longer be able to access our Services (including our Platform) on and from the date of cancellation; and
(b) if you have paid Subscription Fees upfront, you will be issued a pro-rata refund based on the portion of the Subscription Period remaining.
2. Platform Summary
2.1 Our Platform is a place where Business Users and Non-Business Users can showcase their content, information or offerings (Offers) and Non-Business Users can discover local Businesses through short-form video content. We only provide our Services (including our Platform) and are not a party to any transaction between Business Users and Non-Business Users that may occur outside our Platform (see the “Our Services” section below for more information about the services we provide to you).
2.3 Business Users wanting to publish Offers on our Platform must create an Account. Business Users must provide an accurate and complete information about their Business or services (Business Listing), including any relevant fees or pricing information.
2.4 Non-Business Users can browse Business Listings without an Account. Non-Business Users may create an Account to access additional features.
2.5 Business Users must include all relevant information about their Business or services in their Business Listing. By using our Platform, Non-Business Users acknowledge that they have read and understood the information provided in Business Listings.
2.6 We do not endorse or approve, and are not responsible for, any Offers not provided by us. We may, at any time (at our sole discretion), remove any Offers, including where an Offer: (a) is illegal or offensive; or (b) contains graphic, inappropriate or unlawful content.
2.7 Communication: Business Users and Non-Business Users can communicate privately outside of the Platform. Business Users and Non-Business Users must not use our Platform to obtain each other’s contact details for the purpose of circumventing any fees payable to us for the use of our Platform and our Services.
For Business Users Only
2.8 Business Users can create an Account and set up a profile on our Platform. However, to publish their page and make it visible on the Platform, Business Users will be required to input valid credit card details. Business Users will not be charged until the end of their free trial period. Please note that during our beta and pilot phases, credit card details may not be required, but this requirement will be implemented upon our formal launch.
2.9 By posting a Business Listing, you confirm that you are legally entitled to and capable of supplying the Offer described in the Business Listing.
2.10 You must have appropriate insurance to cover the Offers that you make through our Platform. We may request that you provide us with evidence of your insurance cover. Where we do so, we are not confirming that the insurance you have is sufficient or suitable for the Offers you make. If we do not ask you to provide evidence of insurance, this does not indicate that we believe you do not require insurance. You acknowledge and agree that it is your responsibility to make your own investigations and receive professional advice on the insurance you require.
2.11 You grant us a non-exclusive, irrevocable, royalty-free, sublicensable and transferable licence for the duration that your Offer is available on our Platform, to host your Offers on our Platform for the purpose of making your Offers available to Non-Business Users.
3. Our Services
3.1 Subject to your compliance with these Terms, we will provide you with access to our Platform (our Services).
3.2 We will not be responsible for any other services unless expressly set out on in these Terms or on our Platform.
3.3 Additional Services: If you require additional services, we may, in our sole discretion, provide such additional services (to be scoped and priced in a separate contract provided by us).
3.4 Beta Services: If we provide you with access to any new or beta services, you acknowledge that because of the developmental nature of such services, you use them at your own risk and we have no obligation to maintain or provide error corrections. Any new or beta services we provide you with access to are for evaluation purposes only and not for production use, and we may discontinue those services at any time at our sole discretion.
4. Account
4.1 Accounts for Business Users and Non-Business Users are different, and you must choose the correct Account based on how you want to use our Platform.
4.2 While you have an Account with us, you agree to:
(a) keep your information up-to-date (and ensure it remains true, accurate and complete);
(b) keep usernames and passwords secure and confidential, and protect them from misuse or being stolen; and
(c) notify us if you become aware of, or have reason to suspect, any unauthorised access to your Account or any logins linked to your Account.
Identity Checks – For Business Users Only
4.3 Before you can have an Account, you must pass our identity verification process (Identity Check). We may conduct this process ourselves or through a third party.
4.4 You agree to co-operate with us in carrying out the Identity Check, including by providing us with any Personal Information necessary to complete this process (such as your name, proof of address, and proof of identity). Where we have engaged a third party to carry out the Identity Check, you consent to us disclosing your Personal Information to that third party for this purpose.
5. Business requirements
5.1 All Businesses must provide an in-person experience or service.
5.2 An active Australian Business Number (ABN) is required for all Businesses listed on our Platform.
“Coming Soon” Status:
5.3 Businesses are not required to enter a start date until they are ready to announce their first day of Business.
5.4 Until a start date is provided, Businesses will be listed as “Coming Soon” on our Platform.
5.5 Businesses may enter an expected opening date to inform users, but this can be updated until the date passes.
Business Hours:
5.6 Once a Business enters its first day of operation, they must add business hours to remain visible on our Platform.
5.7 On the selected start date, the “Coming Soon” banner will automatically be removed, and the Business will be marked as “Now Open.”
Changes to Opening Dates:
5.8 If a Business delays its opening, they must update their listing to avoid misleading customers.
5.9 After the expected date passes, it can no longer be changed, and the Business will automatically move to “Now Open” status.
5.10 Businesses cannot change their official opening date after it has passed without our approval.
Accuracy and Misrepresentation:
5.11 Falsifying Business details or start dates may result in profile removal from our Platform.
5.12 If a Business falsifies its start date or misleads users about its operational status, we reserve the right to:
(a) suspend the listing until the issue is resolved; or
(b) permanently remove the Business for repeated or deliberate misrepresentation.
6. Permitted Business, Venues and Content Creators
6.1 Business Users must provide in-person services. We do not permit online-only Businesses on our Platform.
6.2 We allow the following types of Businesses:
(a) hospitality, tourism, beauty, wellness, and entertainment venues;
(b) cafés, bakeries, and venues with dining or interactive experiences;
(c) markets (e.g., farmers markets, artisan markets) where shopping is part of an experience;
(d) hybrid venues (e.g., bookshops with live readings, coffee roasteries with tastings); and
(e) venues offering live, real-time online sessions if an in-person option is also available.
6.3 We do not allow:
(a) standard retail stores with no interactive experience;
(b) online-only Businesses, pre-recorded classes, or digital-only services;
(c) warehouses, storage facilities, or appointment-only showrooms; and
(d) offices, co-working spaces, or private studios unless they offer an in-person experience.
Health & Wellness Businesses:
6.4 We permit health Businesses on our Platform only if they provide services that align with recreation, wellness, or entertainment. This includes wellness-focused health Businesses that offer services with a recreational or experience-driven component, such as Pilates, yoga, massage therapy, holistic treatments, spa experiences, cryotherapy, floatation therapy, infrared saunas, or wellness retreats.
6.5 We do not allow strictly medical, diagnostic, or rehabilitation-focused health services. This includes general medical clinics, dentists, physiotherapists treating soft tissue injuries, chiropractors, osteopaths, or allied health providers offering purely clinical treatments.
6.6 We reserve the right to remove listings that misrepresent a health service as recreational when it primarily operates as a clinical practice.
Rules for Transient Vendors, Pop-Ups, and Mobile Businesses
6.7 We welcome food trucks, pop-ups, market stalls, and other mobile Businesses, subject to the following requirements. The Business:
(a) must be open to the public; we do not allow Businesses that require pre-orders, private bookings, or appointment-only access;
(b) food trucks and mobile vendors must have a consistent presence in a region and list operating hours and locations for when they are accessible to the public; and
(c) if locations change, Businesses must update their profile regularly to reflect where and when they are open.
Rules for Content Creators
1.1 Content Creators must hold a valid Australian Business Number (ABN) and provide in-person content services (e.g., photography, videography, or content production).
Permitted
(a) Photographers, videographers, and content creators offering on-site services;
(b) Creators offering digital marketing as a supplement to in-person content services;
(c) Freelancers and agencies producing content for hospitality, tourism, wellness, and entertainment
Not permitted
(d) Social media managers or digital marketers without in-person content services
(e) Graphic designers, website developers, or ad strategists without on-site content
(f) Anyone operating without an ABN
Profile Visibility
1.2 Creators who are not accepting additional work must hide their profile from the platform to ensure accurate availability for potential clients.
Removal for Non-Compliance
1.3 Creators may be removed from the platform if they are reported for failing to fulfill commitments or demonstrating a pattern of unreliability in their services.
7. Platform Subscriptions
7.1 Once you have created your Account, you may choose a Subscription.
7.2 The Subscriptions we offer will be set out on our Platform, including details of each Subscription’s features and limitations, Subscription Fees and Subscription Periods.
7.3 During the Subscription Period, you will be billed for the Subscription Fees on a recurring basis, as set out on our Platform (Billing Cycle).
7.4 Your Subscription can be upgraded or downgraded at any time through your Account. Any upgrades to your Subscription will take effect immediately (and you will be charged the difference between your current Subscription and your new Subscription on a pro-rata basis). Any downgrades to your Subscription will take effect from the beginning of the next Billing Cycle.
7.5 You will be billed for any Subscription Fees due at the beginning of each Billing Cycle. Our payments methods will be set out on our Platform. If you choose to pay your Subscription Fees using one of our third-party payment processors, you may need to accept their terms and conditions (if this is the case, these will be set out on our Platform).
7.6 Cancellation: Your Subscription continues for the Subscription Period, and at the end of each Subscription Period, provided you have paid all Subscription Fees owing, your Subscription will be automatically renewed for the same Subscription Period. If you wish to cancel your Subscription, you may do so through your Account. Your cancellation will take effect at the end of your current Subscription Period, and your Subscription will not be renewed (meaning you will need to continue paying all Subscription Fees due up until your current Subscription Period ends). If you are on an annual Subscription, we will provide you with a renewal reminder at least 30 days prior to your Subscription renewing.
7.7 Trial Periods: When you first use our Platform, we may offer you the option to try a Subscription out for free, for the period of time set out in our offer. At the end of this free trial, you will lose access to our Platform unless you purchase a Subscription before that time.
8. Payments
8.1 You must pay all amounts due under these Terms in accordance with these Terms or as set out on our Platform (as applicable).
8.2 You must not pay, or attempt to pay, any fees due under these Terms or as a result of your use of our Services by fraudulent or unlawful means. If you make payment by debit or credit card, you must be the authorised card holder. If payment is made by direct debit, by providing your bank account details and accepting these Terms, you authorise our nominated third-party payment processor to debit your bank account, and you confirm that you are either the holder or an authorised signatory of that bank account.
8.3 We may pre-authorise or charge your payment method for a nominal amount to verify the payment method.
8.4 Late Payments: If any fees due to us under these Terms or as a result of your use of our Services are not paid on time, we may:
(a) suspend your access to our Services (including access to our Platform); and
(b) charge interest on any overdue payments at a rate equal to the Reserve Bank of Australia’s cash rate, from time-to-time, plus 2% per annum, calculated daily and compounding monthly.
8.5 Taxes: You are responsible for paying any levies or taxes associated with your use of our Services, for example sales taxes, value-added taxes or withholding taxes (unless we are required by law to collect these on your behalf).
9. Event and Content Guidelines
9.1 Events listed on our Platform can be aimed at specific groups as long as they support community-building.
9.2 Events can typically be advertised up to 3 months in advance. Special permission for earlier posting may be granted upon request for significant or large-scale events.
9.3 Businesses are responsible for keeping event details accurate and up-to-date, and for obtaining any necessary permits or licenses for their events.
9.4 Events must not exclude people based on race, gender, or religion in a discriminatory way or promote division.
9.5 Age-restricted and child-free events are permitted where appropriate.
9.6 Events aligned with cultural or religious celebrations are allowed, provided they remain open and welcoming to the broader community.
9.7 We reserve the right to remove any events or content that do not align with these guidelines or that we deem inappropriate, offensive, or in violation of our Terms.
9.8 We reserve the right to remove any content, suspend or terminate accounts, or take any other appropriate action against users who violate these Terms. Where possible, we will provide notice to users before taking enforcement actions. This notice may include a warning and an opportunity to remedy the violation. However, in cases of severe violations or where we believe immediate action is necessary to prevent harm, protect our Platform, or comply with legal requirements, we may take immediate action without prior notice.
9.9 Users are encouraged to report any violations of these Terms or other concerns through the reporting link provided on each Business Listing. Early reporting allows us to monitor situations that may require our attention or action, although we are not obligated to intervene in disputes between users.
10. Promotions
For Business Users Only
10.1 We may from time-to-time offer, and you may choose to purchase, promotional opportunities such as a feature in our email marketing or promoted placement on our Platform (Promotional Opportunity). Promotional Opportunities are subject to the fees and the terms and conditions as set out in any Promotional Opportunity offer displayed on our Platform or as otherwise communicated to you. In the event of any conflict between any Promotional Opportunity terms and conditions and these Terms, the Promotional Opportunity terms and conditions will prevail.
For Non-Business Users Only
10.2 We may from time-to-time issue you with promotional discount codes for use on our Platform (Discount Codes). The conditions of use relating to Discount Codes (including how to claim a Discount Code) will be set out on our Platform.
11. Availability, Disruption and Downtime
11.1 While we strive to always make our Services available to you, we do not make any promises that these will be available 100% of the time. Our Services may be disrupted during certain periods, including, for example, as a result of scheduled or emergency maintenance.
11.2 Our Services (including our Platform) may interact with, or be reliant on, products or services provided by third parties, such as cloud hosting service providers. To the maximum extent permitted by law, we are not liable for disruptions or downtime caused or contributed to by these third parties.
11.3 We will try to provide you with reasonable notice, where possible, of any disruptions to your access to our Services.
12. Confidential Information and Personal Information
12.1 While using our Services, you may share confidential information with us, and you may become aware of confidential information about us. You agree not to use our confidential information, and to take reasonable steps to protect our confidential information from being disclosed without our permission, and we agree to do the same for your confidential information. This also means making sure that any employees, contractors, professional advisors or agents of ours or yours only have access to confidential information on a ‘need-to-know basis’ (in other words, the disclosure is absolutely necessary), and that they also agree to not misuse or disclose such confidential information.
12.2 However, either you or we may share confidential information with legal or regulatory authorities if required by law to do so.
12.3 We collect, hold and disclose and use any Personal Information you provide to us in accordance with our privacy policy, available on our website, and applicable privacy laws.
12.4 You must only disclose Personal Information to us if you have the right to do so (such as having the individual’s express consent).
12.5 Business Users and Non-Business Users must not disclose Personal Information about each other to third parties unless authorised by these Terms or by law.
12.6 We may need to disclose Personal Information to third parties, such as our related companies or our service providers (for example, IT and administrative service providers and our professional advisors). As part of our Services, we will also need to disclose information about Non-Business Users to Business Users, and vice versa, so that they can connect and transact.
13. Consumer Law Rights
13.1 In some jurisdictions, you may have guarantees, rights or other remedies provided by law (Consumer Law Rights), and these Terms do not restrict your Consumer Law Rights. We will only be bound by your Consumer Law Rights and the express wording of these Terms. Our liability for a breach of your Consumer Law Rights is, unless the laws of your jurisdiction state otherwise, limited to either resupplying our Services, or paying the cost of having our Services resupplied.
13.2 Subject to your Consumer Law Rights, we do not provide a refund for a change of mind or change in circumstance.
13.3 If you accept these Terms in Australia, nothing in these Terms should be interpreted to exclude, restrict or modify the application of, or any rights or remedies you may have under, any part of the Australian Consumer Law (as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth))
13.4 Non-Business Users may have Consumer Law Rights in respect of Offers made by Business Users..
14. Intellectual Property and Data
14.1 We own all intellectual property rights in our Services (including our Platform). This includes how our Platform looks and functions, as well as our copyrighted works, trademarks, inventions, designs and other intellectual property. You agree not to copy or otherwise misuse our intellectual property without our written permission (for example, to reverse engineer or discover the source code of our intellectual property), and you must not alter or remove any confidentiality, copyright or other ownership notice placed on our Platform.
14.2 We may use any feedback or suggestions that you give us in any manner which we see fit (for example, to develop new features), and no benefit will be owed to you as a result of any use by us of your feedback or suggestions.
Your Data
14.3 User-Generated Content and Third-Party Intellectual Property Rights
14.3.1 User Responsibilities and Rights - (including Business Users and Content Creators) are responsible for ensuring they have the necessary rights, licenses, or permissions to use and upload any content, including but not limited to images, videos, logos, music, and text, on the Platform. By uploading content, you grant us a non-exclusive, worldwide, royalty-free license to use, display, and distribute that content on our Platform for the purpose of providing our Services.
14.3.2 Prohibited Content and Infringement Prevention - You must not upload content that infringes any third-party intellectual property rights, including but not limited to copyrighted material, trademarks, and proprietary works, without appropriate authorization. If you upload copyrighted music, you must ensure you hold a valid license. Yodii does not provide a music library, and unauthorized use of copyrighted music may result in content removal or account suspension.
Reporting and Takedown Procedures - If you believe that content uploaded to Yodii infringes your copyright, trademark, or other intellectual property rights, you may submit a Takedown Request in accordance with our Takedown Policy. This can be done via the “Report an Issue” link on business profiles or by contacting us at hello@yodii.io. You can submit a copyright or trademark complaint through our designated reporting process (see the ‘Report an Issue’ at the bottom of the businesses profile). All reports will be reviewed promptly, and if a violation is confirmed, the infringing content will be removed. Users may submit a Counter-Notice if they believe content was removed in error. Repeated violations may result in account suspension or termination.
For full details on reporting and resolving intellectual property claims, please refer to our Takedown Policy.
14.4 We do not own any of Your Data, but when you enter or upload any of Your Data into our Platform, you grant us the right to access, analyse, backup, copy, store, transmit, and otherwise use Your Data while you have an Account with us (and for a reasonable period of time afterwards). We may use Your Data (or disclose it to third party service providers) to:
(a) supply our Services to you (for example, to enable you to access and use our Services), and otherwise perform our obligations under these Terms;
(b) diagnose problems with our Services;
(c) improve, develop and protect our Services;
(d) send you information we think may be of interest to you based on your marketing preferences;
(e) perform analytics for the purpose of remedying bugs or issues with our Platform; or
(f) perform our obligations under these Terms (as reasonably required).
14.5 You acknowledge and agree that because of the nature of the internet, the processing and transmission of Your Data by us may occur over various networks, and may be transferred unencrypted.
14.6 You are responsible for (meaning we are not liable for):
(a) the integrity of Your Data on your systems, networks or any device controlled by you; and
(b) backing up Your Data.
14.7 When you use our Services, we may create anonymised statistical data from Your Data and usage of our Services (for example, through aggregation). Once anonymised, we own that data and may use it for our own purposes, such as to provide and improve our Services, to develop new services or product offerings, to identify business trends, and for other uses we communicate to you. This may include making such anonymised data publicly available, provided it is not compiled using a sample size small enough to make underlying portions of Your Data identifiable.
14.8 If you do not provide Your Data to us, it may impact your ability to receive our Services.
15. Liability
15.1 To the maximum extent permitted by law, we will not be liable for, and you release us from liability for, any Liability caused or contributed to by, arising from or in connection with:
(a) any aspect of the interactions between Business Users and Non-Business Users, including in relation to any Offers and Business Listings;
(b) your computing environment (for example, your hardware, software, information technology and telecommunications services and systems); or
(c) any use of our Services by a person or entity other than you.
15.2 Regardless of whatever else is stated in these Terms, to the maximum extent permitted by law:
(a) neither we or you are liable for any Consequential Loss;
(b) a party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the actions (or inactions) of the other party, including any failure by the other party to mitigate its loss;
(c) (where our Services are not ordinarily acquired for personal, domestic or household use or consumption) in respect of any failure by us to comply with relevant Consumer Law Rights, our Liability is limited (at our discretion) to supplying the Services again or paying the cost of having the Services supplied again; and
16. Suspension and Termination
16.1 We may suspend your access to our Services where we reasonably believe there has been any unauthorised access to or use of our Services (such as the unauthorised sharing of login details for our Platform). If we suspend your access to our Services, we will let you know within a reasonable time of doing so, and we will work with you to resolve the matter, or if it cannot be resolved, then we may terminate your Account and your access to our Services will end.
16.2 We may terminate these Terms (meaning you will lose access to our Services, including access to your Account, and any Subscription will be cancelled) if:
(a) you fail to pay your Subscription Fees when they are due;
(b) you breach these Terms and do not remedy that breach within 14 days of us notifying you of that breach;
(c) you breach these Terms and that breach cannot be remedied; or
(d) you experience an insolvency event (including but not limited to bankruptcy, receivership, voluntary administration, liquidation, or entering into creditors’ schemes of arrangement).
16.3 You may terminate these Terms if:
(a) we breach these Terms and do not remedy that breach within 14 days of you notifying us of that breach; or
(b) we breach these Terms and that breach cannot be remedied, and
if you have paid Subscription Fees upfront, you will be issued a pro-rata refund of any unused Subscription Fees based on the portion of the then-current Subscription Period remaining.
16.4 You may also terminate these Terms at any time by notifying us through your Account or to our email for notices (as set out in clause 17.9), and if you have a Subscription, termination will take effect at the end of your current Subscription Period.
16.5 Upon termination of these Terms:
(a) we will retain Your Data (including copies) as required by law or regulatory requirements.
(b) for Business Users, their existing Business Listings will be removed and any purchased Offers not yet provided will be cancelled (and Non-Business Users will be refunded accordingly); and
(c) for Non-Business Users, their purchased Offers not yet provided will be honoured unless it is a requirement of the relevant Offer that Non-Business Users are active users of our Platform (in which case a refund will be at the discretion of Business Users or the terms of the relevant Business Listing (if any)).
16.6 Termination of these Terms will not affect any other rights or liabilities that we or you may have.
17. General
17.1 Assignment: You may not transfer or assign these Terms (including any benefits or obligations you have under these Terms) to any third party without our prior written consent. We may assign or transfer these Terms to a third party, or transfer any debt owed by you to us to a debt collector or other third party.
17.2 Disputes between Business Users and Non-Business Users: We encourage Business Users and Non-Business Users to attempt to resolve disputes (including claims for refunds or remedies) directly and in good faith, either through our Platform or through external communication methods. In the event that a dispute cannot be resolved through these means, Business Users and Non-Business Users may choose to resolve the dispute through other means, such as mediation. We are not responsible for mediating or resolving disputes between Business Users and Non-Business Users. While we encourage direct resolution, we provide a link on each Business Listing for users to report potential violations of our Terms or other concerns. We request that users notify us promptly of any serious disputes or issues via this link. While we are not obligated to intervene, early notification allows us to monitor situations that may require our attention or action.
17.3 Disputes with Yodii: Neither we or you may commence court proceedings relating to any dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) unless we and you first meet (in good faith) to resolve the Dispute. Nothing in this clause will operate to prevent us or you from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.
If the Dispute is not resolved at that initial meeting:
(a) where you are resident or incorporated in Australia, refer the matter to mediation, administered by the Australian Disputes Centre in accordance with Australian Disputes Centre Guidelines for Commercial Mediation; or
(b) where you are not resident or incorporated in Australia, refer the matter to arbitration administered by the Australian Centre for International Commercial Arbitration, with such arbitration to be conducted in Perth, Western Australia, before one arbitrator, in English and in accordance with the ACICA Arbitration Rules.
17.4 Events Outside Our Control: We will not be liable for any delay or failure to perform our obligations (including our Services), if such delay or failure is caused or contributed to by an event or circumstance beyond our reasonable control.
17.5 Governing law: These Terms are governed by the laws of Western Australia, and any matter relating to these Terms is to be determined exclusively by the courts in Western Australia and any courts entitled to hear appeals from those courts.
17.6 Illegal Requests: We reserve the right to refuse any request for or in relation to our Services that we deem inappropriate, unethical, unreasonable, illegal or otherwise non-compliant with these Terms.
17.7 Marketing: You agree that we may send you electronic communications about our products and services. You may opt-out at any time by using the unsubscribe function in our electronic communications.
17.8 Nature of Legal Relationship: These Terms do not create, and should not be interpreted so as to create, a partnership, joint venture, employment or agency relationship between us and you.
17.9 Notices: Any notice you send to us must be sent to the email set out at the beginning of these Terms. Any notice we send to you will be sent to the email address registered against your Account.
17.10 Survival: Clauses 12 to 17 will survive the termination or expiry of these Terms.
17.11 Third Party Sites: Our Platform may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations in relation to the suitability of those websites. If you purchase goods or services from a third party website linked from our Platform, those goods or services are being provided by that third party, not us. We may receive a benefit (which may include a referral fee or a commission) should you visit certain third party websites through a link on our Platform, or for featuring certain goods or services on our Platform. We will make it clear by notice to you which (if any) goods or services, or website links, we receive a benefit from by featuring them on our Platform.
18. Definitions
18.1 In these Terms:
Account means an account accessible to the individual or entity who signed up to our Services.
Business Listing has the meaning given in clause 2.2.
Business User means an individual or entity that creates an Account on our Platform to showcase their business offerings, including but not limited to businesses, venues, and content creators who provide in-person experiences or services.
Consequential Loss includes any consequential loss, special or indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise. However, your obligation to pay us any amounts for access to or use of our Services (including our Platform) will not constitute “Consequential Loss”.
Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or us or you or otherwise.
Non-Business User means an individual who uses our Platform to discover and engage with local businesses, venues, and events, without creating a business listing or offering services for sale.
Offer has the meaning given in clause 2.1.
Personal Information means any information or opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not, and whether the information or opinion is recorded in a tangible form or not.
Platform means our cloud-based platform that we provide you with access to as part of the Services.
Services means the services we provide to you, as detailed in clause 3.
Subscription means the Subscription plan you have chosen through our Platform, which you use to access certain features and benefits.
Subscription Fees means the fees you pay to us to access your chosen Subscription.
Subscription Period means the duration of your Subscription (such as monthly, annually, or as otherwise set out on our Platform).
Your Data means the information, materials, logos, documents, qualifications and other intellectual property or data supplied by you when receiving our Services or stored by or generated by your use of our Services, including any Personal Information collected, used, disclosed, stored or otherwise handled in connection with our Services. Your Data does not include any data or information that is generated as a result of your usage of our Services that is a back-end or internal output or an output otherwise generally not available to users of our Services.
For any questions and notices, please contact us at:
Email hello@yodii.io or book a catch up.
Yodii Pty Ltd ABN 77 679 271 884
