Terms and User Agreement
1. Subject to your compliance with these Terms, YouGrab.co.nz grants you a limited license to access and make personal use of this Site and not to download or modify it, or any portion of it, except with express written consent of YouGrab.co.nz.
2. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of others; or any use of data mining, robots, or similar data gathering and extraction tools.
3. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited except as expressly permitted under these Terms. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of YouGrab.co.nz without express written consent.
4. You may not use any meta tags or any other "hidden text" utilizing YouGrab.co.nz's name or trademarks without the express written consent of YouGrab.co.nz. Any unauthorized use terminates the permission or license granted by YouGrab.co.nz. You may not use any YouGrab.co.nz logo or other proprietary graphic or trademark as part of a link to our Site without our express written permission.
You agree that you are a resident of the New Zealand, 18 years of age or older and able to enter into binding contracts. Employees of YouGrab.co.nz and their immediate families, investors and their immediate families, and advisors and their immediate families are not eligible to use the site or bid on auctions.
In order to access of the Site and Services, and to post content as described below, you must create an account with us.
1. You may register only one user account. Members of the same household may not participate in the same auction, at any time. During the registration process, you will be asked to choose a username.
2. YouGrab.co.nz reserves the right to cancel an account, refuse registration or change a username if it is found to be offensive, illegal, infringing upon the rights of others or if it breaches these terms in any other way.
3. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
4. YouGrab.co.nz reserves the right, in their sole opinion and absolute discretion, to refuse service, terminate accounts, cancel orders or disqualify you, for any reason whatsoever, including, but not limited to, a violation of the terms of this agreement, applicable law or is harmful to YouGrab.co.nz's interests.
5. If your account is terminated as per this agreement, any Grab Points earned, but not redeemed, at the time of termination, will be deemed immediately expired, forfeited and not redeemable.
6. When you register at YouGrab.co.nz you consent to receive communications from us electronically. We will communicate with you electronically for purposes of advising you on transactions, shipments and customer service. From time to time, we may also communicate with you for marketing purposes. You will be given an opportunity to unsubscribe from such marketing communications at any time.
PURCHASING AND PAYING FOR GRAB POINTS
Grab Points (“Grab Points”), are purchased by you prior to bidding. Grab Points can be purchased in bundles at prices that will be noted on the site. Payment can be made by credit card, debit card. Payment sources must be in the name of the YouGrab.co.nz Account Holder. We will not accept payments made by third-parties for YouGrab.co.nz purchases. IMPORTANT! GRAB POINTS ARE VALID FOR ONE YEAR AFTER THEY HAVE BEEN CREDITED TO YOUR ACCOUNT. UPON EXPIRATION, GRAB POINTS BECOME VOID AND CAN NO LONGER BE PLACED. Once a Grab Point is used, it is deducted from your account and can no longer be used. Refunds will not be any Grab Points.
You have the right to return items purchased following a winning auction or “Buy for discount” purchase. Users have 14 days after delivery to return an item. You are responsible for shipping costs on returned items and items returned must be in good condition. Certain items, such as software, music, or movies are not eligible for return once they are opened. Requests for returns or cancellations must be made in writing via our “Contact Us” form or to the following address:
YouGrab.co.nzRoom 507NO.9 Manukau rd, Epsom, Auckland
If, for any reason, you are unable to return the item in good, working condition, YouGrab.co.nz will retain the right to accept the returned item and reduce the amount of your refund in a proportion equal to the damage on the item (as determined by YouGrab.co.nz in its sole discretion). In no case will the return of an item entitle you to a refund of the Grab Points used to win or purchase the item.
Shipping costs will be clearly displayed for each item. The successful bidder or user choosing the “Buy for discount” option will be responsible for the full shipping costs as displayed. Delivery will be made from our suppliers or from our warehouse to the address supplied by the user. Unless otherwise stated, delivery is available within New Zealand. Stated delivery times should be considered to be guidelines and are not delivery guarantees. YouGrab.co.nz shall be entitled to involve third parties to satisfy its contractual obligations without being required to notify the buyer. You are responsible for inspecting the item and reporting any damage to the item to YouGrab.co.nz promptly upon taking delivery.
WARRANTY OF PRODUCTS
All new products are sold with the manufacturer’s limited warranty only. Standard warranty period vary from product to product (1 to 3 years) yougrab warrants solely that the products sold to user under these terms shall have the characteristics specified in Yougrab’s specifications for such Products assumes no further warranties. The warranty period and service varies by manufacturer and product. The full text of any such warranty is available, free of charge, upon written request mailed to Yougrab. Warranty is excluded for the delivery of any used Products.
At present, and with current technology it is not possible to operate with 100% guaranteed uptime. In some cases, system outages may interrupt the ability to view or bid upon auctions. In this case, YouGrab.co.nz will halt all auctions and bidding on those auctions until the system outage is resolved. Auctions that are halted will be clearly designated as such. YouGrab.co.nz will make commercially reasonable efforts to resume the auctions after the outage is resolved. In the event of a system wide outage that prevents you from bidding, YouGrab.co.nz will refund Grab Points used in auctions that you were participating in at the time of the auction.
THIRD PARTY WEBSITES
Our Site may contain links to other websites operated by third parties, and these sites may likewise contain links to other websites. We assume no liability for the content of external links. The operators of the sites linked to and from the Site are solely responsible for their contents. You should carefully review the terms and conditions of such sites, including their privacy policies, before visiting them.
Visitors may post reviews, comments, photos, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. If you do post content or submit material, and unless we indicate otherwise, you grant YouGrab.co.nz a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant YouGrab.co.nz and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that they own or otherwise have the rights to post the content; that the content is accurate; that use of the content supplied does not violate this policy and will not cause injury to any person or entity; and that you will indemnify YouGrab.co.nz for all claims resulting from content supplied. YouGrab.co.nz has the right but not the obligation to monitor and edit or remove any activity or content at its sole discretion, and may do so at any time without notice. YouGrab.co.nz does not endorse any user content or any opinion, recommendation or advice expressed therein, and expressly disclaims any and all liability for any content posted by a user or any third party. Furthermore, YouGrab.co.nz may immediately terminate your account and access to the Site if you post infringing content.
WHAT YOU MUST NOT DO
The Site and Services may be used and accessed for lawful purposes only. You agree to be bound by all applicable local, state, national and foreign laws, treatises and regulations in connection with your use of the Site and Services. In addition, without limitation, you agree that you will not do any of the following while using or accessing the Site or Services:
(A) Circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any content;
(B) Upload, stream, email or otherwise transmit any content in violation of these Terms;
(C) Use any meta tags or other hidden text or metadata utilizing name, trademark, URL or product name incorporating “YouGrab.co.nz”;
(D) Upload, stream, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, “pyramid schemes” or any other form of solicitation, as well as viruses or other computer code that may interrupt, destroy, limit the functionality of the Site or the Services, or interfere with the access of any user to the Site or the Services;
(E) Forge any TCP/IP packet header or any part of the header information in any posting or in any way use the Site or Services to send altered, deceptive or false source-identifying information;
(F) Attempt to probe, scan or test the vulnerability of any system or network or breach or impair or circumvent any security or authentication measures protecting the Site or Services;
(G) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or Services;
(H) Collect or store personal data about other users without their express permission;
(j) Impersonate or misrepresent your affiliation with any person or entity, through pretexting or some other form of social engineering or otherwise commit fraud or
(k) Encourage or instruct any other individual to do any of the foregoing or to violate any term of these Terms;
(L) Use any third party bidding software or other "bot" to assist in bidding or harvesting site data;
(m) Strategically cooperate with other users in an auction or collude to exchange information with other users.
LIMITATION OF LIABILITY
IN NO EVENT WILL YOUGRAB.CO.NZ BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF YOUGRAB.CO.NZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, YOUGRAB.CO.NZ'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU TO YOUGRAB.CO.NZ FOR GRAB POINTS IN THE 12-MONTH PERIOD PRECEDING THE EVENT THAT GAVE RISE TO THE LIABILITY.
DISCLAIMER OF WARRANTIES
THE ITEMS THAT YOU MAY WIN ON THE SITE ARE SOLD WITH THE MANUFACTURE’S LIMITED WARRANTY ONLY. YOU ACKNOWLEDGE AND AGREE THAT THE WARRANTY PERIOD VARIES BY MANUFACTURER AND PRODUCT. NO WARRANTY APPLIES TO USED ITEMS. IF FOR ANY REASON YOU ARE NOT SATISFIED WITH ANY ITEMS PURCHASED THROUGH THE SITE OR WISH TO RECEIVE SUPPORT, YOU MUST CONTACT THE MANUFACTURER. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, THE SITE, THE SERVICES AND THE PRODUCTS AVAILABLE ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND AND YouGrab.co.nz EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING THERETO, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COURSE OF DEALING OR COURSE OF PERFORMANCE. FURTHERMORE, YOUGRAB.CO.NZ DISCLAIMS ANY WARRANTIES: (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SITE AND THE SERVICES; AND (II) THAT THE SITE AND THE SERVICES WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM YOUGRAB.CO.NZ, INCLUDING WITHOUT LIMITATION ANY DATA OR BIDDING STRATEGIES PROVIDED UNDER THESE TERMS, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. FURTHERMORE, YOU UNDERSTAND AND AGREE THAT THERE IS NO GUARANTEE THAT YOU WILL BE ABLE TO WIN ITEMS ON WHICH YOU HAVE BID, AND THAT EVERY TIME YOU PLACE A BID FOR AN ITEM, SUCH BID IS DEDUCTED FROM YOUR USER ACCOUNT AND CAN NO LONGER BE USED, WHETHER OR NOT YOU WILL BE ABLE TO WIN THE ITEM.
You agree to defend, indemnify, and hold YouGrab.co.nz, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney’s fees and costs, arising out of or in any way connected with
(1) your access to or use of the Site and/or the Services;
(2) your violation of these Terms;
(3) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or
(4) any claim that any of your content caused damage to a third party.
All Content and software on the Site is the property of YouGrab.co.nz, affiliated companies, partners, or content suppliers. This includes, but is not limited to, all text, images, graphics, logos, and software code. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have receive specific permission to do so in a separate agreement from YouGrab.co.nz or by the owners of the Content. Unauthorized use of any content displayed by YouGrab.co.nz is a violation of New Zealand and international copyright laws.