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.
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.