Young Grasshopper Terms and Conditions

These terms and conditions regulate the business relationship between you and us. By using Our Website in any way, or by buying from us, you agree to be bound by them. By using Our Website and services, and by placing an order with Young Grasshopper, you acknowledge that you have read through the following terms and conditions and agree to them in full.

  • We are: Young Grasshopper Limited
  • Our address is: PO Box 355, Oneroa, Waiheke Island 1840, Auckland, New Zealand
  • You are: a visitor to Our Website / Our Customer

The terms and conditions

  1. Definitions

    In this agreement:

    “Consumer”
    means the person, firm or company specified as the customer.
    “Content”
    means any material in any form published on Our Website by us or any third party with our consent.
    “Material”
    means Content of any sort posted by you on Our Website.
    “Our Website”
    means the entire computing hardware and software installation that is or supports Our Website.
    “Product”
    means any of the Product we offer for sale on Our Website and include personal and business guidance and support services so far as specified for each Product.
    “Podcasts”
    means any of the Podcasts we offer for sale on Our Website and include support services so far as specified for each product.
  2. Our contract with you

    1. We shall accept your order by e-mail confirmation. That is when our contract is made. Our message will also confirm details of your purchase and tell you when we shall dispatch your order and or when your order will be available for download.
    2. Unfortunately, we cannot guarantee that every Product advertised on our website is available. If at any time a Product becomes unavailable, we will immediately refund any money you have paid.
    3. We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you place your order.
    4. If in the future, you buy Product from us under any arrangement which does not involve your payment via Our Website; these terms still apply so far as they can be applied.
    5. If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 7 days from the date of your order.
  3. Price, payment and product provision

    1. Our Podcasts will be provided, by making them available for you to download in the way we have explained on Our Website.
    2. We may change the nature or provision of the Product or Podcasts at any time. We may tell you about any such change by email or by posting details on Our Website.
    3. You may not share or allow others to use the Podcasts in your name. All podcasts are covered by copyright law.
  4. Delivery

    This paragraph applies only if your order includes a Product:

    1. Young Grasshopper’s full Shipping Policy is on Our Website
    2. Deliveries will be made by post / a carrier instructed by us to the address stipulated in your order
    3. If we ourselves are not able to deliver your Product within 7 days of the date of your order, we shall notify you by e-mail to arrange a later date for delivery.
    4. Goods are sent at our risk until received by you or by any other person at the address you have given to us.
    5. We will send you a message by email to tell you when we have dispatched your order.

    Force Majeure

    Young Grasshopper shall not be liable to the Customer for any loss or damage directly or indirectly arising out of or in connection with any delay in delivery of the Product, or failure to perform any term in this contract where such delay or failure is caused directly or indirectly by an act of weather situation, fire, armed conflict, labour dispute, civil commotion, intervention of a government, inability to obtain labour, materials or facilities and accidents, interruptions of, or delay in transportation or any other cause beyond Young Grasshopper’s control.

  5. Cancellation of order

    1. If you are a citizen of the European Union, and you bought the Product as a Consumer, you may cancel your order for the Product at any time before the expiry of 7 working days from the date of order, not including the day you ordered.
    2. Because the Podcasts can be copied by you on delivery, you have no statutory right to cancellation once you have received the Podcasts.
    3. If you cancel before delivery, we will refund your money as soon as reasonably possible and in any event within 30 days of cancellation of your order.
    4. This paragraph does not affect your rights in the event that you have a genuine and valid complaint about the way we have provided the Services to you or a Product fault.
  6. Foreign taxes, duties and import restrictions

    1. If you are not in New Zealand, we have no knowledge of, and no responsibility for, the laws in your country.
    2. You are responsible for purchasing Product and Podcasts which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.
  7. Goods returned

    1. Our most important task is to ensure your absolute satisfaction. We will always strive to reach that target. However, we acknowledge that mistakes are made occasionally. If you are not wholly satisfied with the Product, please tell us at the earliest opportunity exactly what the fault is.
    2. The procedure for the return of Products is set out on Our Website in the Return and Refund Policy section.
  8. Your account with us

    1. You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Product and Podcasts.
    2. If you use Our Website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your computer.
    3. You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.
    4. We reserve the right to refuse you access to Our Website.
  9. Disclaimers

    1. We or our Content suppliers may make improvements or changes to Our Website, the Content, or to any of the Product or Podcast, at any time and without advance notice.
    2. You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention, any that you find.
    3. We give no warranty and make no representation, express or implied, as to:
      1. the adequacy or appropriateness of the Product or Podcasts for your purpose;
      2. any implied warranty or condition as to merchantability or fitness of the Product or Podcasts for a particular purpose other than that for which the Goods are commonly used;
      3. The use of, or results of the use of the Product or Podcasts or its compatibility with your equipment, software or telecommunications connection;
      4. compliance with any law;
      5. non-infringement of any right.
    4. Our Website contains links to other Internet websites outside our power and control. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website.
    5. We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or the purchase of our Product and Podcasts.
    6. In any event, including the event that any term or condition or obligation on our part (“Implied Term”) is implied into these conditions by law, then our liability is limited to the maximum extent permitted by law, to the value of the goods or services you have purchased.
  10. Copyright, Intellectual Property Rights and Confidential Information

    1. By accepting this contract, you accept Young Grasshopper has All Rights Reserved on all Content, Products and Podcasts, that is, is the copyright holder and reserves, or holds for its own use, all the rights provided by copyright law such as distribution, performance and creation of derivative works. Young Grasshopper does not waive any such rights.
      1. You may not copy or share the Podcast(s) except for the purpose of system maintenance, a backup copy for your own personal use, copying to your own personal computer(s) and copying to your own personal mp3 playing device(s) owed by you.
      2. You may not transfer Podcast(s) or allow any other person to use them.
    2. You agree to keep safe the Confidential Information and not to disclose or make available for disclosure to any person, any part of it.
    3. We will defend the intellectual property rights in connection with our Product, Podcasts and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
    4. We also claim copyright in the designs and compilation of all Content of Our Website. Title, ownership rights, and shall remain the sole property of us and / or the other content provider. We will strongly protect those rights in all countries.
    5. Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
    6. You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person.
    7. Subject to the other terms of this agreement, You may not store electronically any significant portion of any Content.
  11. Your email address

    1. You represent that any username or email address selected by you, when used alone or combined with a second or third level domain name, does not interfere with the rights of any third party and has not been selected for any unlawful purpose.
    2. You acknowledge and agree that if we believe such selection does interfere with the rights of any third party or is being selected for any unlawful purpose, we may immediately suspend the use of such name or email address, and you will indemnify us for any claim or demand that arises out of your selection.
    3. You acknowledge and agree that we shall not be liable to you in the event that we are ordered or required by a court or judicial authority, to desist from using or permitting the use of a particular domain name as part of a name or email address.
  12. Your Material

    1. The information that you enter into the personal and business guidance sections of Our Website, we waiver any rights to use, except for the right that you grant us permission to answer your question. We treat your Material that you enter into these fields as highly confidential and we will not edit, publish, distribute, and translate and otherwise use it in any medium and for any purpose other than to use in any way to answer your question. Once your question has been answered we delete any record of your name, email address and question.
    2. You represent and warrant that:
      1. you own the rights to all of the Material that you post;
      2. any fact stated in your Material is accurate;
  13. System Security

    1. You agree that you will not, and will not allow any other person to violate or attempt to violate any aspect of the security of Our Website.
    2. You may not use any software tool for the purpose of extracting data from our website.
    3. You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
  14. Acceptable use Policy

    As a condition of your use of Our Website, you agree to comply with these provisions:

    1. You will not use or allow anyone else to use Our Website to post or otherwise publish:
      1. copyright works;
      2. commercial audio, video or music files;
      3. any Material which violates the law of any established jurisdiction;
      4. unlicensed software;
      5. software which assists in or promotes: emulators, phishing, hacking, password cracking, IP spoofing;
      6. links to any of the material specified in this paragraph;
      7. pornographic Material;
      8. any Material promoting discrimination or animosity to any person on grounds of gender, race or colour.
  15. You will not use the Products and Podcasts for spamming. Spamming includes, but is not limited to:
    1. The bulk sending of unsolicited messages, or the sending of unsolicited emails which provoke complaints from recipients;
    2. The sending of junk mail;
    3. The use of distribution lists that include people who have not given specific permission to be included in such distribution process;
    4. Excessive and repeated posting off-topic messages to newsgroups;
    5. Excessive and repeated cross-posting;
    6. Email harassment of another Internet user, including but not limited to, transmitting any threatening, libellous or obscene Material, or Material of any nature which could be deemed to be offensive;
    7. The emailing of age inappropriate communications or content to anyone under the age of Eighteen (18).
  16. Indemnity

    You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of Our Website, your posting any Material, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.

  17. Miscellaneous provisions

    1. When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
    2. Nothing in this agreement or on Our Website shall confer on any third party any benefit or obligation.
    3. If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
    4. No waiver by us, in exercising any right, power or provision in this agreement shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
    5. In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
    6. We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees.
    7. This Agreement shall be governed by and construed in accordance with the law of New Zealand. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.

Young Grasshopper Limited
Copyright Andrew Taylor and Net Lawman Ltd