1. The CASPA™ Service and CASPA Service requirements

The CASPA™ Service is a digital content service offering its customers video downloads such as movies, television programs and short form content as well as access to a music service ("Content").

To use the CASPA Service you will need the following:

1. a broadband internet plan
2. a TiVo media device which is authorised to receive the CASPA Service;
3. a TiVo Account, which can be set up at www.mytivo.co.nz, and which is referred to as "My Account" on the website ("TiVo Account");
4. a CASPA Wallet, which can be set up at the same time you set up your TiVo Account, at www.mytivo.co.nz/myaccount.

These Terms govern the supply of the CASPA Service in New Zealand, including your use of the CASPA Service with the TiVo media device in New Zealand.

Your use of the CASPA Service indicates your understanding and acceptance of these Terms, and has the same force and effect as if you had actually signed these Terms.

In these Terms: 'you' and 'your' mean the customer, and includes members of your household; we, our and us mean Hybrid Television Services (ANZ) Pty Limited.

2. Setting up your CASPA Wallet - user information

The CASPA Service includes some content which is offered on a pay per view basis, and some which is offered free of charge to the customer. To download pay per view content, or if you wish to be able to access content which is classified R15 or above, you will be required to create a CASPA Wallet using your credit card or debit card, which will be linked your personal details in your TiVo Account but not stored by us.

The CASPA Service accepts Visa Card and Mastercard credit cards and debit cards for payment. You may only use a single credit/ debit card per CASPA Wallet, and you may only have one CASPA Wallet per TiVo Account. At the time you create your CASPA Wallet, you will not be required to make a credit/ debit card payment, simply lodge your card details for when you top up your CASPA Wallet when using the CASPA Service.

To create your CASPA Wallet, you must be over the age of 15, and you will be provided with a CASPA PIN to protect access to your CASPA Wallet and to certain content.

You must provide us with accurate and complete information when you set up your CASPA Wallet. It is important that this information is entered correctly and updated if your details change.

You must keep all your identification and user information required to access the CASPA Service strictly confidential. You should not reveal your CASPA PIN to anyone nor use anyone else's CASPA PIN. You are entirely responsible for all activities that occur through your CASPA Wallet and CASPA PIN, and you agree to immediately notify us in the event you become aware of any unauthorised use or breach of security. We will not be responsible for any losses arising out of the unauthorised use of your CASPA Wallet nor of your credit/ debit card. You acknowledge that use of your CASPA PIN in connection with your credit/ debit card is relied on by us and by your bank to justify any Transaction using your CASPA Wallet.

We will keep your information confidential. See information about our Privacy Policy.

3. Pricing and Invoicing

When you pay to download or watch a piece of Content or pay to use a service via the CASPA Service (each a "Transaction"), the price will include the price of the Content on the day of the download, and any applicable GST. You may print out an invoice for each Transaction at to www.mytivo.co.nz/myaccount.

On the first occasion you go to do a Transaction, you will be invited to select an initial amount for your CASPA Wallet of $15, $30 or $50 (which will be immediately processed on the credit/ debit card you have lodged on the website when setting up your CASPA Wallet).

Each time you do a Transaction with the CASPA Service, your CASPA Wallet will be reduced by the price of the Transaction (but your credit/ debit card statement will reflect top up amounts only).

If there are insufficient funds in your CASPA Wallet to complete the requested Transaction, you will be asked to top up your CASPA Wallet by making a further credit/ debit card payment (selecting from the $15, $30 or $50 options).

If, for whatever reason, you incur a debit balance in your CASPA Wallet, you authorise us to charge your credit/ debit card by the relevant amount.

If you receive CASPA credits as part of a CASPA Voucher or other promotional offer, such CASPA credits expire on the date specified, and once redeemed or activated by a CASPA user for the first time, such CASPA credits are not transferable (whether by sale, gift or other), not refundable nor redeemable for cash. Unused balances are not transferable nor redeemable for cash (including at the time of expiry) nor able to be used for other purchases on our website nor for any other purpose other than rental of content on the CASPA Service.

You will be able to view the balance of your CASPA Wallet at any time by going to www.mytivo.co.nz/myaccount.

All Transactions are final when you click the "Download Now"/ "Watch Now" button.

4. Intellectual Property and Content Rules

You acknowledge that the content that you are able to access, view and display via the CASPA Service contains proprietary information and material that is owned by us and our licensors, and is protected by intellectual property and other laws including copyright. You agree you will not use such proprietary information or materials in any way whatsoever except for use of the CASPA Service in accordance with these Terms of Use. No part of the CASPA Service may be reproduced in any form or means except as expressly permitted in these Terms.

Your use of any Content downloaded using the CASPA Service is subject to your compliance with the Content Rules. Your use of the Content is conditional upon your acceptance of these Terms of Use, and of the Content Rules. If you do not agree with them, do not press Download.

Content you download on the CASPA Service is viewable only on one TiVo media device at a time, and may not be moved.

You are authorised to use the Content only for your personal, non-commercial use, and you may not copy, redistribute, transfer, sell, rent, lease or otherwise assign or sublicense them to any other person or device, nor in any way alter such Content nor use it in any advertising or promotional materials.

For each piece of Content, you will have a specified period of time after downloading to begin watching that Content ("Activation Period"), and once you begin watching, you will have a specified period of time to watch the Content ("Viewing Period"). The Viewing Period will typically be 24 hours, 48 hours or 72 hours. You may watch the Content as many times as you like during the Viewing Period. Stopping, pausing or restarting the Content does not extend the Viewing Period. The Activation Period and the Viewing Period will be stipulated on the TiVo media device before you confirm your download.

You acknowledge that the Content we provide to you are by way of licence only, and that the Content you access through the CASPA Service includes technology that protects digital information and limits your use of the Content to certain usage rules established by us and our licensors.

You agree that you will not attempt to, nor encourage or assist any other person to, circumvent or modify any digital rights management or security technology or software that is part of the CASPA Service or used to administer the Content Rules, nor interfere with, remove or alter any rights management information nor proprietary notices or labels on the Content.

We may monitor your compliance with the Content Rules from time to time, and in the event of breach by you, we may terminate your use of the CASPA Service and take advantage or any available remedies at law.

5. Objectionable material

You understand that by using the CASPA Service, you may come across content from time to time which may be deemed offensive, indecent or objectionable, and which may or may not be identified as having explicit language, nudity or violence. You agree to use the CASPA Service at your sole risk and that we have no liability to you for content that may be found to be offensive, indecent or objectionable. Content types and genres and descriptions are provided for your convenience, however we do not guarantee their accuracy. You agree to read all applicable ratings requirements and to comply with accompanying age restrictions. Parents and guardians are responsible for restricting access where necessary.

In particular you acknowledge that the CASPA PIN you obtain at the time of setting up your CASPA Wallet requires you to be over the age of 15. You must ensure that children under the age of 15 do not have access to your CASPA PIN, and in the event you choose to download content which is rated R15 or above, activate the TiVo Parental Controls settings on your TiVo media device to ensure that children under the age of 15 cannot access such content after you have downloaded it. TiVo Parental Controls settings can be found under TiVo Central > Messages & Settings > Parental Controls.

6. Availability and accuracy of the CASPA Service

We will provide the CASPA Service to you in accordance with these Terms, using reasonable skill and care

We try to make the CASPA Service available to you at all times but sometimes availability is affected by factors outside our control. For this reason we can't guarantee that the CASPA Service will be available to you at all times or that download speeds won't vary from time to time. It may also be necessary to interrupt the CASPA Service (or parts of it) occasionally in order to upgrade or maintain it. Should we need to interrupt the CASPA Service we will, whenever possible, conduct maintenance or upgrades at times that would minimize inconvenience to our customers, and restore the CASPA Service as soon as possible.

We want to give you the best service possible, but some things are beyond our control. You acknowledge that your use of the CASPA Service may not be uninterrupted, timely, secure or error free, and that we cannot absolutely guarantee the accuracy of the CASPA Service. You also acknowledge that the CASPA Service and the servers that provide you with data and third party content and third party services may not be free of viruses or other harmful components.

On occasion, technical problems or file sizes may delay or prevent download of your ordered Content. If a download you have selected fails, your sole remedy will be a refund of the price paid for such Content, and your CASPA Wallet will be increased by the relevant amount within 5 business days.

7. Changes to the CASPA Service

We may at our discretion and from time to time change, add, or remove features and functionality of the CASPA Service or discontinue one or some of the features of the CASPA Service without notice. If you are dissatisfied with any such changes to the CASPA Service, you may immediately cancel your use of the CASPA Service as provided in these Terms. See clause 18 regarding termination.

We also reserve the right to change prices for Content and services offered on the CASPA Service at any time, and do not provide price protection or refunds in the event of a price drop or promotional offering.

So that we can always maintain a broad content offering, from time to time we will change content offerings without notice.

8. Third Party Services

From time to time the CASPA Service may give you the ability to access some third party services.

You understand that you may be required to agree to third party terms and conditions before being provided such access through the CASPA Service.

9. Your personal broadband usage

Not all broadband plans are suitable for you to download movies and programs. You are responsible for checking with your ISP as to whether your plan is suitable.

You are responsible for paying for your personal broadband connection, including any download charges, however if you are a Telecom Broadband customer on an eligible plan, you will be able to download content on the CASPA Service without counting towards your monthly data allowance.

You are responsible for paying for your personal broadband connection, including any download charges.

Download times vary depending on length of content and broadband connection speed. File sizes can vary depending on type of content, and other factors such as network traffic at the relevant time are also relevant.

If you choose to download movies volumes of data downloaded are typically high, and you are responsible for ensuring there is sufficient space on your TiVo media device to store the content, and that your broadband connection and plan is capable of completing any download you may choose.

You acknowledge the warnings we provide in relation to your personal broadband usage arising out of downloading broadband content, as set out in this clause.

10. Advertising

From time to time, there may be advertising displayed as part of the CASPA Service, providing you information regarding products and services.

11. Customer support

For customer support in relation to your use of the CASPA Service on your TiVo media device, visit support.mycaspa.co.nz.

On occasion, technical problems or file sizes may delay or prevent download of your ordered Content. If a download you have selected fails, your sole remedy will be a refund of the price paid for such Content, and your CASPA Wallet will be increased by the relevant amount within 5 business days.

12. Changes to these Terms and effect of these Terms

We may vary these Terms or any information contained on our website at any time. However, if a variation is likely to have a detrimental impact on you, and that impact is more than a minor impact, we will notify you of the change no later than when the change becomes effective.

In the event these Terms are inconsistent with any other Terms you have agreed to in relation to your ongoing use of a TiVo media device these Terms will prevail to the extent of that inconsistency.

13. Privacy and messages

You acknowledge that we will link the personal details you provide us at the time of creating your CASPA Wallet to the personal details you have provided Hybrid Television Services (ANZ) Pty Limited in your TiVo Account, however we will not store your credit card details.

Your use of the CASPA Service will be taken to indicate your consent to our collection, use and disclosure of your personal information in accordance with the terms of our Privacy Policy, which forms part of these Terms and is available on our website. Please read it carefully before using the CASPA Service. From time to time you may receive emails from us about the CASPA Service. We will only send you messages which we believe you will find useful, for example messages about keeping your personal broadband service connected at all times, about your credit/ debit card status and imminent maintenance to the CASPA Service. You agree as part of your acceptance of these Terms, to us sending you emails for those and related purposes.

You consent to us sharing your personal information in connection with your use of the CASPA Service with our content licensors in connection with the enforcement of their intellectual property rights.

14. Supplier Liability

Under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986 (NZ), certain warranties and conditions ("Implied Terms") are implied into your contract with us. The operation of, and liability for breach of, the Implied Terms cannot be, and are not in this contract, excluded and can only be limited in certain circumstances.

Except for the Implied Terms, we exclude to the fullest extent permitted by law all terms implied by statute, at law, in fact or otherwise.

You understand and agree that our suppliers have no warranty obligations or other liabilities to you under this contract.

We exclude to the fullest extent permitted by law all liability for any liabilities, losses, damages, costs or expenses (whether arising in contract, tort (including negligence) or under any other cause of action) suffered or incurred by any person in connection with this contract or an act or omission of our or any of our suppliers' personnel in connection with this contract:

1. on behalf of and for the benefit of our suppliers; and
2. for ourselves, except for liability for breach of the Implied Terms which cannot be excluded by law (which may be limited to the extent permitted by the Consumer Guarantees Act and Fair Trading Act).

Nothing in these Terms shall limit or exclude our liability for death or personal injury caused by our negligence.

To the extent permissible by law, we will not be liable under these Terms for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.

To the extent permissible by law, our maximum aggregate liability under these Terms whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Transactions in question.

15. Assignment

We may transfer all or part of our rights and obligations under these Terms to our business partners or related bodies corporate. However, if assignment is likely to have a detrimental impact on you, and that impact is more than a minor impact, we will notify you about this.

The CASPA Service is provided for your personal, non-commercial use, and may not be resold, in whole or in part. If you transfer or sell your TiVo media device, the purchaser will need to set up their own CASPA Wallet to access the CASPA Service.

16. Indemnity

You agree to indemnify and hold us harmless from and against any and all claims, proceedings, injuries, liabilities, losses, costs and expenses (including reasonable attorneys' charges on an indemnity basis), including but not limited to claims against us or our related companies alleging negligence, copyright infringement and/or trademark infringement, relating to or arising out of your breach of our agreement with you (as contained in these Terms) or your misuse of the CASPA Service.

17. Term, suspension and termination of the CASPA Service

Our agreement with you (as contained in these Terms) commences on the date you first access the CASPA Service, and continues until terminated in accordance with these Terms.

We retain the absolute right to immediately suspend or terminate your CASPA Service, and terminate this agreement with you (as contained in these Terms), if:

1. you breach these Terms in a material way;
2. you misuse (or we can establish you have attempted to misuse) the CASPA Service or your use of the CASPA service or your CASPA credits is reasonably considered by us to be fraudulent or to adversely affect the integrity of the CASPA service or other customers' use of or access to the CASPA service;
3. your credit/ debit card authorisation is withdrawn, there are insufficient funds on your credit/ debit card to top up your CASPA Wallet, or you cancel your credit/ debit card or your card details are changed without notifying us of your new card details;
4. you become the subject of repeated charge backs by your bank and we require time to investigate such activity;
5. you use the CASPA Service in such a manner as to infringe upon our intellectual property rights or those of our suppliers or any third party;
6. we cease to provide the CASPA Service, or any part of it, for example in order to comply with our legal obligations (including legislative changes) or Court orders; or
7. we have reasonable grounds to believe that a threat or risk of security, injury or damage exists.

You also have the right to immediately terminate your CASPA Service, and terminate our agreement (without having to pay any termination fee), if we breach these Terms in a material way.

In the event we notify you that we exercise our right to suspend your access to the CASPA Service in accordance with these Terms, your access to the CASPA Service will not be re-activated until you have rectified your breach. You will also be charged a re-activation fee of NZD$50 to cover administration services with respect to such re-activation.

In addition, we may suspend or terminate your CASPA service without notice to you if you have not put money in your CASPA Wallet for over 90 days nor used the CASPA Service in over 90 days. In such circumstances, you are able to re-open your CASPA Wallet at any time without incurring any re-activation fee.

We may monitor your use of the CASPA Service to ensure that you are complying with these Terms. We will comply with our Privacy Policy if we do.

We may investigate any alleged misuse of the CASPA Service and may involve or assist police or other law enforcement agencies in doing so without notice to you.

In the event your CASPA Wallet is closed, we will refund you the balance of your CASPA Wallet within 30 days.

Termination will not affect either party's respective rights or remedies.

18. Applicable Law

These Terms are governed by the laws in force in New Zealand, and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New Zealand and any courts which may hear appeals form those courts.