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TiVo Shop Terms and Conditions of Purchase by Instalments
The Instalment Plans in these Terms and Conditions are available from 8 March 2010.
- These Terms are binding on you
Thank you for shopping with us.
These Terms govern your use of mytivo.com.au ("our website") and the purchase of TiVo products by instalments.
The instalment plans available to new instalment plan customers are:
- TiVo Media Device, TiVo Wireless Adaptor and TiVo Home Networking Package Bundle - Up front payment of $100 (plus delivery fee) followed by 12 monthly instalments of $49.92 each;
- TiVo Media Device and TiVo Wireless Adaptor Bundle - 12 monthly instalments of $64.08 each, plus delivery fee payable on the first payment.
In addition to being bound by these Terms with respect to the instalment plan you have selected on www.tivo.com.au, you are also bound by the Terms of Use of your TiVo® media device and TiVo® service, which may be viewed on www.mytivo.com.au.
www.mytivo.com.au is operated by Hybrid Television Services (ANZ) Pty Limited (ABN 19 124 140 807).
By using our website, and by buying a product via this webpage, you agree that you have read, understood and accepted these Terms. This has the same force and effect as if you had actually signed these Terms.
The TiVo media device is compatible with most televisions and broadband services, however, we are not responsible for ensuring that the TiVo service, TiVo media device or software we provide will be compatible with your television nor with other equipment nor with your personal broadband service. It is your responsibility to check whether you have any compatibility problems before making your purchase.
- Understanding these Terms
In these Terms:
'We', 'our' and 'us' refer to Hybrid Television Services (ANZ) Pty Limited and 'you' and 'your' refer to the customer (you!).
“business day” means Monday to Friday, excluding NSW Public holidays.
- Pricing
Our product prices are set out on our website and may be updated from time to time. All prices are in Australian dollars and, unless we state otherwise, all prices are inclusive of GST.
- Orders
We only sell and ship products to private and domestic end user customers within Australia (and note products sold on our website do not operate outside Australia in any event). We also only sell products to people over the age of 18, so if you are under 18 years old, ask your parent or guardian to buy a TiVo® media device for you.
Information contained on this website constitutes an invitation to treat. No such information constitutes an offer by us to supply any products.
By placing an Order, you make an offer to us to purchase the products you have selected on these Terms. We may or may not accept your offer at our discretion. If we accept your Order, we will notify you of our acceptance by displaying an Order Confirmation which you should print out for your records. No other record of your purchase will be provided to you.
No agreement is created until your Order and payment of the first instalment (plus the delivery fee) have been accepted and processed by us and we have confirmed this to you (by displaying your Tax Invoice, emailing your Tax Invoice or notifying you that your chosen item is not in stock). You should print off your Tax Invoice. It is your proof of purchase.
You may order a maximum of one TiVo media device per credit card transaction.
If we cannot accept your Order we will contact you.
Orders placed on the weekend or on a Public holiday will not be processed until the next business day.
Once we have confirmed your Order, you are bound by the Order except if we tell you at the time of confirmation that the product is not in stock.
- Payment
By agreeing to these Terms, you agree that you have the capacity to pay the full purchase price in accordance with the instalment plan you have selected on www.mytivo.com.au and you agree to paying the purchase price on your Order Confirmation by having your credit card debited in instalments over the instalment period nominated in the instalment plan you have selected. The first payment in the instalment plan you have selected, and the delivery charge, must be made at the time of your Order.
We currently accept Visa and MasterCard and American Express. You may incur interest & fees in accordance with your credit card's conditions of use.
Should your credit card details change or should you cancel your credit card at any time during the payment period, you must provide us with your new credit card details.
- Ownership of the products and risk
Risk in the products will pass to you upon delivery to your nominated delivery address.
Ownership of the products supplied by us will pass to you only when full payment of the Purchase Price has been received by us (each item being considered separately). As you are agreeing to pay by instalments, payment in full will only have been received when the final instalment has been received by us. Until payment in full of the Purchase Price of a product, we retain full legal title to that product.
- Delivery
We will not make deliveries outside Australia (and note the products we sell on our website do not operate outside Australia).
The delivery price for all deliveries throughout Australia is set out on our website and may be updated from time to time.
If the item you order is in stock and your Order is placed before 12pm on a business day, your Order will normally be dispatched the next business day, to the address nominated by you. Orders received after 12pm on a business day and Orders placed on a non business day may typically be dispatched on the second business day after confirmation. You must enter the correct delivery address details at the time of purchase. If you enter the wrong address, we will not be liable for the loss of your Order, and we will only resend the product to the correct address at your expense.
Unless otherwise agreed by us, we will deliver your products to the delivery address indicated on your Order Confirmation. If no-one is available to take delivery of your products, our courier will try to deliver them to the same address the next business day, and if no-one is available on that day to take delivery of your products, the products will be returned to us and we will contact you to make appropriate arrangements.
If a product is not in stock we will inform you of the expected delivery time, based on information provided to us by our suppliers. While we can't guarantee the delivery dates advised by our suppliers, we will advise you of any delays.
We will use our reasonable endeavours to deliver your products to you within the following timeframes:
- If you live in Sydney or Melbourne - within two business days after the date of issue of your Order Confirmation;
- If you live in regional NSW, regional Victoria, Adelaide, regional SA or Brisbane - within 5 business days after the date of issue of your Order Confirmation;
- If you live in Perth - within 7 business days after the date of issue of your Order Confirmation;
- If you live in regional Queensland, regional WA or Northern Territory - within 14 business days after the date of issue of your Order Confirmation.
However, we do not guarantee that we will deliver within these time frames. Although every effort is made to deliver your Order according to the estimated delivery times provided, delivery times may change due to changes in supply. If the delivery time changes, we will contact you via email and provide a revised estimated delivery time.
If your products have not arrived within 14 business days of the date of issue of your Order Confirmation, go to www.mytivo.com.au/support. You will be able to fill out and submit an Online Order Inquiry Form to make inquiries regarding the status of your Order.
If we have not attempted to deliver your products to you within 30 days of the date of issue of your Order Confirmation, you will have the option to cancel your Order. ORDERS CANNOT OTHERWISE BE CANCELLED.
If a product is lost or damaged in transit, go to www.mytivo.com.au/support.
Except to the extent that your products comprise software, title and risk of loss to all products will pass to you on delivery. We are not responsible for any loss or damage to products after delivery has taken place.
- When products are not available
There may be unforeseen circumstances under which it is not possible for us to supply a product at all. If this occurs, it may be necessary for us to cancel Orders for that product. We will refund or cancel your payment and notify you, but we can't accept liability for any other loss or damage arising as a result.
- Warranty
For the terms of our 12 Month Limited Warranty and requirements regarding warranty exchanges of products purchased from our website, see www.mytivo.com.au/legal/warranty.php as well as the Terms of Use of your TiVo® media device and TiVo® service.
- Default
You will be in default of these Terms if:
- your credit card authorisation is withdrawn at any time during the instalment period;
- there are insufficient funds to pay the instalment/ payment of an instalment is declined; or
- you cancel your credit card or your credit card details are changed without notifying us of your new credit card details.
If you are in default of these Terms, we may:
- contact you to tell you that this has happened (this may be by phone, email and/ or alert you through your TiVo media device on your television);
- notify you that you must pay the unpaid instalment immediately;
- notify you that you must pay the balance of the purchase price immediately; and
- if you have not complied with our notification within 7 days, suspend the TiVo service.
In circumstances where we suspend the TiVo service, we will send you an email telling you that this has happened and may even alert you through your TiVo media device on your television. We will not re-activate the service until you pay us the outstanding amounts, and any re-activation will be dealt with in accordance with the Terms of Use of the TiVo media device and TiVo Service.
If you still do not pay the outstanding amounts, we may terminate your use of the TiVo service, and that termination will not affect either party's respective rights or remedies. As such, we may take legal or other collection action against you for non-payment of the charges, and we will require you to pay our reasonable costs and expenses (including legal costs) of taking that action.
- Copyright
Copyright in our website is our property. Our website includes copyright material, trademarks and registered trademarks which are the property of us and third parties. This material may only be used for the purposes of browsing our website and purchasing products.
- Disclaimer
The information contained on our website is provided by us in good faith. Every effort has been made to ensure accuracy and to the best of our knowledge, the information is accurate and current. However, to the extent permissible by law, we and our suppliers don't make any representation or warranty as to the accuracy or completeness of the information, we don't guarantee that our website is free from errors or faults, and we won't be liable for any inaccuracies, errors or faults.
- Changes to these Terms
We may vary these Terms or any information contained on our website at any time, but we will not amend these Terms to impose a charge for paying by instalments.
- Privacy
Your use of our website or your purchase of a product using our website will be taken to indicate your consent to our collection, use and disclosure of your personal information in accordance with our Privacy Policy which can be found at www.mytivo.com.au/legal/privacy.php and which forms part of these Terms. We may for example receive information about you from your credit card provider or its agents, and disclose information about you to our distributors and suppliers in order to process your Order.
- The Spam Act
We comply with the Spam Act 2003 (Cth). If we send you promotional emails, you will be able to respond by asking us not to send you any more. However, most of our official communication with you will be by email (eg: regarding your Order, delivery and so on). You agree as part of your acceptance of these Terms to us sending you emails for those and related purposes.
- Notices
Notices will be sent by email to the preferred email address you have nominated. Unless we receive notice which indicates that an email was not delivered to you or received by you, you will be deemed to have received a notice at the time the email was sent. Keep your email address information up to date!
- Assignment
We may transfer all or part of our rights and obligations under these Terms to our business partners or related bodies corporate. You may transfer the benefit but not the burden of your rights and obligations under these Terms.
- Severability
If:
(a) the Consumer Credit Code (“Code”) or any other law would otherwise make a provision of these Terms illegal, void or unenforceable in any jurisdiction; or
(b) a provision of these Terms would otherwise contravene a requirement of the Code or impose an obligation or liability which is prohibited by the Code or any other law,
these Terms are to be read as if that provision were varied to the extent necessary to comply with the Code or that other law, or, if necessary, omitted, without affecting the continued operation of the rest of these Terms.
- Applicable Law
These Terms are governed by the laws in force in New South Wales, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and any courts which may hear appeals form those courts.
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