Telecom TiVo Terms and Conditions

The following terms and conditions apply in relation to your purchase of a TiVo® media device or other associated TiVo equipment and/or software (TiVo Products) from Telecom New Zealand Limited (referred to as Telecom, we, us or our) by purchasing TiVo Products you agree to be bound by these terms and conditions.

Separate Terms

Separate terms apply to your use of the TiVo Media Device, TiVo Service , CASPA™ On-Demand Service (CASPA™ Service), and Home Networking Package:

• Your use of your TiVo Media Device and TiVo Service is governed by the Terms of Use of TiVo Media Device and TiVo Service agreement with Hybrid Television Services (ANZ) Pty Limited.
• Your use of the CASPA™ Service is governed by the Terms of Use of CASPA™ Service - New Zealand with Hybrid Television Services (New Zealand) Limited.
• Your use of the Home Networking Package (if applicable) is governed partly by the Terms of Use of the TiVo Media Device and TiVo Service, as the terms of a software licence with Hybrid Television Services (New Zealand) Limited which you are required to enter into at the time you install the software.
• If you are a Telecom broadband your use of the TiVo and CASPA™ Services are also subject to our Broadband Terms and Conditions.

By purchasing TiVo Products you acknowledge and accept that you understand that in order to access the TiVo Service you need to have a television (standard or high definition), a broadband connection, a television antenna connection (rooftop UHF aerial) and to be in a Freeview|HD® coverage area. Without limiting your rights under the Consumer Guarantees Act 1993 will not accept returns of TiVo Products if you do not have one or more of these.

Price and payment

To purchase TiVo Products from Telecom online or a Telecom call centre you must be a new or existing Telecom customer and the price payable will be charged to your Telecom account.

Ordering from Telecom online

• Acceptance of order by Telecom - Any time you order a product or service from Telecom online, you are making an offer to Telecom to purchase that product or service. Telecom may accept or decline that offer in its sole and absolute discretion. Notwithstanding that Telecom may process payment for an order, an order will not be considered accepted until Telecom dispatches the product or supplies the service.
• When making a purchase from Telecom online you must provide all required information or we might not be able to process your order.

The price payable for the TiVo Products ordered by you shall be the price displayed on Telecom online at the time your order is submitted. All price displayed are stated and payable in New Zealand dollars and include GST.

Deferred payment option

In order to purchase a TiVo on deferred payment terms you must have a Telecom account with a connected Telecom landline number. If you select a deferred payment option the deferred payments will be charged to your Telecom account. Deferred payments are your responsibility and you can not transfer or assign payments. If your Telecom landline account ends before you have finished your repayments any outstanding balance will appear on your next bill.

Delivery and title

If you make your purchase from Telecom online or a Telecom call centre you order will be delivered to you. Deliveries are made by courier throughout New Zealand on a business to business day basis. Once we have accepted and processed your order it should be delivered to you within 3 working days. We will endeavour to meet delivery timeframes where possible, all delivery timeframes are estimates only and will not be liable for any loss, expense, or other damage caused by any delay in delivery. The TiVo Products you purchase must be delivered to an address in New Zealand and we do not deliver to PO Box or Private Bag addresses.

Title and responsibility for the TiVo Products passes to you when it is delivered to you or if you purchase from a Telecom Retail Store title and responsibly will pass you to when you take possession of the TiVo Products at the Telecom Retail Store.

Liability disclaimers

The Consumer Guarantees Act 1993 - as a residential customer you have rights under the Consumer Guarantees Act 1993 and will we meet our responsibilities under that Act and this clause does not alter those rights. However, if you use the TiVo Products for business purposes (or have told or represent to us you will do so) then you agree that that Act does not apply to the TiVo Products you purchase from us.

Except to the extent superficially stated in these Terms or any separate terms or required by Telecom and any of our related companies and our and their respective officers, employees, contractors, agents and suppliers make nor representations about the suitability, reliability, availability, timeliness, lack of viruses or other harmful features, or accuracy of information, the TiVo Products, the TiVo Service, the CASPA™ Service or other materials provided to you.

We are not responsible for the TiVo Service or the CASPA™ Service, which are services provided by Hybrid Television Services.

To the fullest extent permitted by law, in no circumstances will we be liable to you or any third parties for any loss of data, revenue, profits or lost of business or any indirect, incidental, consequential, special, punitive or exemplary damages or losses which you may incur as a result of anything we have done or not done, or otherwise in connection with your purchase of the TiVo Products, or your use of the TiVo and CASPA™ services, regardless of the types of claim or the nature of the cause of action, even if we have been advised of the possibility of damage or loss.

Returns

You may return your TiVo Products:

• In accordance with the expressed warranty pursuant to Part D of the Terms of Use of TiVo Media Device and TiVo Service; or
• If the Consumer Guarantees Act 1993 is otherwise relevant.

If you wish to return your TiVo Products then (without limiting our responsibilities under the Consumer Guarantees Act 1993) you need to contact us on 123.

Privacy

We will comply with our Privacy Policy and you accept this policy as governing our use of the personal information we receive about you.

General

We may change these Terms from time to time by publishing the changed terms on our website. Changes may take the form of changing or removing existing terms, or by adding new ones or change may take the form of completely new terms.

These Terms will be governed by and construed in accordance with the laws of New Zealand and you agree to submit to the non-exclusive jurisdiction of the courts of New Zealand.