Terms and Conditions

Notice: This document was last updated on 1 March 2017.

TERMS OF USE OF TIVO® MEDIA DEVICE AND TIVO® SERVICE - NZ

PART A - INTRODUCTION

1. These Terms are binding on you

These Terms govern your use of any TiVo® media device or other associated TiVo equipment, including your activation and use of the TiVo service and other services available to you with the TiVo media device.

These Terms apply to you whether you buy or rent your TiVo media device, from us or from others.

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

These Terms represent the entire agreement between you and us governing your use of your TiVo media device and supersedes any prior or contemporaneous written or oral statements by us.

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

2. Operating the TiVo media device

To operate the TiVo media device you will need to do the following:

a. You will need to connect the TiVo media device to your personal broadband service. Depending on your home network set-up, this will require an Ethernet cable or purchase of a TiVo Wireless Adaptor. Amongst other things the TiVo media device will use the broadband connection to keep your On Screen Guide up to date and to download upgrades to your TiVo media device from time to time. The use of your personal broadband service to access the TiVo service will be at your cost and you will need to monitor it. Any Internet Service Provider ("ISP") charges you incur to your ISP service provider are your responsibility.

b. You will need to live within a free-to-air coverage area (also known as New Zealand's Digital Terrestrial Television ("DTT") Footprint). Unfortunately, we can't absolutely guarantee you the availability or quality of digital television broadcasting, so there may be places within New Zealand where a customer cannot receive the TiVo service. Note: You will not be able to receive pay television services from providers such as Sky, using your TiVo media device.

c. You will need to have an external universal high frequency (UHF) aerial installed at your home. We do not recommend the use of an internal UHF aerial.

d. You will need to activate the TiVo service, which you can do at www.mytivo.co.nz/activate, subject to these Terms. You will need your 15-digit TSN, found on the label on the back of your TiVo media device.

e. You will need to connect the TiVo media device to your television by using the cables included in the carton or by purchasing an HDMI cable (available separately).

f. You will need to follow the guidelines in the TiVo® HD Quick Guide and on www.mytivo.co.nz/support to ensure continued access to all your TiVo features.

2. Your TiVo media device and the services you can access on it

Your TiVo media device comprises a digital video recorder ("DVR") and any optional TiVo branded accessories purchased by you which operates in conjunction the TiVo service and other services. You may access and use the TiVo service and other services outlined in these Terms only with a TiVo media device that is authorised to receive the TiVo service.

Activation of the TiVo service enables a range of features for you to use on your TiVo media device, as follows:

THE TIVO® SERVICE:

a. Free 14 day On Screen Guide for most free-to-air channels

b. Compatible with free-to-air service: bringing you all the free to air digital terrestrial channels

c. SD and HD ready: ability to receive HD resolution picture (with purchase of HDMI cable)

d. 320GB hard drive: recording capacity of up to 120 hours of High Definition (HD) recordings or 250 hours of Standard Definition (SD) recordings

e. Dual tuners allowing you to record two programmes at the same time as watching a third programme already recorded

f. Ability to control live TV (pause, rewind and slow motion live TV)

g. Season Pass™ recordings: to automatically record every episode in your favourite series (available for most free-to-air channels)

h. WishList™ searches: to automatically record every programme with your favourite actor or director (available for most free-to-air channels)

i. TiVo® Suggestions: to record progammes based on your preferences

j. TiVo® KidZone and parental controls: ability to set up recordings which are safe for your kids' eyes

k. Closed captioning on all programs broadcast with closed captioning

l. TiVo Genie remote scheduling feature: to schedule recordings from anywhere in the world using the internet including from internet enabled mobile phones (available for most free-to-air channels)

m. Software updates as they become available: automatic software upgrades without having to buy a new TiVo media device;

n. Access to separately available optional upgrades (such as the Home Networking Package).

All of these features ("the TiVo Service") are described in more detail at www.mytivo.co.nz/whatistivo.

IN ADDITION TO THE TIVO SERVICE YOU WILL GET ACCESS TO THE FOLLOWING ON YOUR TIVO MEDIA DEVICE

ACCESS TO BROADBAND EXTRAS:

Broadband games including:

a. Sudoku

b. Wild Pair

c. Same Game

d. Wordsmith

e. Skull & Bones

Broadband services including:

a. World clock

b. Pixeleyes service - access to your Picasa or Photobucket online photos

PART B - THE TIVO SERVICE

In addition to the terms set out in Parts A and E of these Terms, the following terms relate to your use of the TiVo service.

1. What is the "the TiVo service"?

In addition to the terms set out in Parts A and E of these Terms, the following terms relate to your use of the TiVo service. The TiVo® service provides you with the following on your TiVo media device:

a. Free 14 day On Screen Guide for most free-to-air channels

b. Compatible with free-to-air service: bringing you all the free to air digital terrestrial channels

c. Digital SD and HD ready: ability to receive HD resolution picture (with purchase of HDMI cable)

d. 320GB hard drive: recording capacity of up to 120 hours of High Definition (HD) recordings or 250 hours of Standard Definition (SD) recordings

e. Dual tuners allowing you to record two programmes at the same time as watching a third programme already recorded

f. Ability to control live TV (pause, rewind and slow motion live TV)

g. Season Pass™ recordings: to automatically record every episode in your favourite series (available for most free-to-air channels)

h. WishList™ searches: to automatically record every programme with your favourite actor or director (available for most free-to-air channels)

i. TiVo® Suggestions: to record progammes based on your preferences

j. TiVo® KidZone and parental controls: ability to set up recordings which are safe for your kids' eyes

k. Closed captioning on all programs broadcast with closed captioning

l. TiVo Genie Online remote scheduling feature: to schedule recordings from anywhere in the world using the internet including from internet enabled mobile phones (available for most free-to-air channels)

m. Software updates as they become available: automatic software upgrades without having to buy a new TiVo media device;

n. Access to separately available optional upgrades (such as the Home Networking Package).

We will provide the TiVo service to you in accordance with these Terms, using reasonable skill and care.

We will also ensure that the TiVo service does everything we say it will do as far as it is reasonably within our power to do so and subject to these Terms of Use.

2. User information

At the time you activate the TiVo service we will ask you to create an account for your TiVo service using your personal email address. At the time of activating the TiVo service, you will not be required to enter your credit card details, however if you buy an optional new feature upgrade ("Optional Upgrade") at a future time, you will need to provide them to complete that purchase.

You must provide us with accurate and complete information when you activate your TiVo service. It is important that this information is entered correctly and updated if you change your email address. We will use this email address for correspondence with you. You must regularly check for emails from us at the email address you provided to us as we may send you important notices about the TiVo service using this email address, for example about planned upgrades or outages.

You must keep confidential all your identification and user information required to access the TiVo service.

We will keep your information confidential. See later in these Terms of Use of TiVo media device and TiVo service for information about our Privacy Policy.

3. On Screen Guide and TiVo Genie Remote Online Scheduling

You may access and use the On Screen Guide provided as part of the TiVo service only on a TiVo media device that is authorised to receive it.

The On Screen Guide contains material which is the subject of copyright owned by the respective free to air television broadcaster(s) whose programs the On Screen Guide relates to, including the schedule of television programs to be broadcast by the broadcaster for the following fourteen days and the information associated with those schedules supplied by the broadcaster ("Program Listing Content").

The On Screen Guide contains up to 14 days of Program Listing Content for most New Zealand free to air television broadcasters.

The Program Listing Content remains at all times the property of the relevant broadcaster. You may only use the On Screen Guide and Program Listing Content for the purpose of using your TiVo media device in accordance with these Terms for your private and domestic use, and you must not sublicense, sell, lease, loan, upload, download, communicate or distribute the Program Listing Content to any person.

Occasionally, the On Screen Guide may be made inaccurate, for example due to an overrun or early start of a program, which is something managed by the television broadcasters and not us. We keep our On Screen Guide as up to date as possible but we cannot be liable for a missed recording due to timing inaccuracies. Remember you always have the option of extending your recording.

The TiVo Genie remote scheduling feature allows you to schedule recordings from anywhere in the world using the internet including from internet enabled mobile phones (using "TiVo Genie for Mobile"). As it relies on the Program Listing Content provided by broadcasters, TiVo Genie functionality is available for most free-to-air channels. See www.mytivo.co.nz for more details.Because scheduling requests you make using the TiVo Genie Remote Online Scheduling feature of the TiVo service depend on your personal broadband service, we cannot be liable for a missed recording due to your personal broadband service failing to deliver the scheduling message to the servers which handle those requests.

We will endeavour to send you a confirmation of whether or not your remote scheduling request has been received, however it will generally take up to an hour for you to receive the confirmation email.

We cannot guarantee your remote scheduling request will be processed in time if you send it less than one hour before the commencement of the relevant program.

4. Availability and accuracy of the TiVo service

We try to make the TiVo 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 TiVo service will be available to you at all times or that download speeds (for example, of upgrades to your TiVo media device) won't vary from time to time. It may also be necessary to interrupt the TiVo service (or parts of it) occasionally in order to upgrade or maintain it. Should we need to interrupt the TiVo service we will:

a. whenever possible conduct maintenance or upgrades between 1am and 6am (NZT);

b. if possible tell you in advance (via email or our website) if the TiVo service will be unavailable due to maintenance or any other foreseeable reason; and

c. restore the TiVo service as soon as possible.

We try to make the TiVo service as accurate as possible. Unfortunately we cannot absolutely guarantee the accuracy of the TiVo service including the On Screen Guide information.

You acknowledge that your use of the TiVo service may not be uninterrupted, timely, secure or error free, and that any information obtained through the TiVo service (including third party content) may not be accurate or reliable.

5. Changes to the TiVo service and Optional Upgrades

We may at our discretion and from time to time change, add, or remove features and functionality of the TiVo service or discontinue one or some of the features of the TiVo service without notice. If you are dissatisfied with any such changes to the TiVo service, you may immediately cancel your use of the TiVo service as provided in these Terms without having to pay any termination fee, however you acknowledge that your TiVo media device will no longer be fully operational if it is not connected to the TiVo service.

We reserve the right to update software in your TiVo media device to offer additional features and functions to your TiVo service or to improve the performance of the TiVo media device. Under most circumstances upgrades will be done via your broadband connection and you won't have to do anything but leave your TiVo media device plugged in and connected to your personal broadband service.

While general software updates to the TiVo service will be delivered to you automatically and free of charge (subject to third party ISP charges you incur in relation to your personal broadband service), from time to time we (or our related companies) will also offer you the opportunity to purchase optional new feature upgrades, for a fee ("Optional Upgrades"). Optional Upgrades (such at the Home Networking Package, referred to in Part C) do not form part of the TiVo service but can be used in conjunction with it, and may be subject to their own terms and conditions at the time of purchase from us or from our related companies (as applicable) and/ or installation (where applicable). You will be required to provide your credit card details to make those purchases.

6. Term, suspension and termination of the TiVo service

Our agreement with you (as contained in these Terms) commences on the date you activate the TiVo service, and continues until terminated in accordance with these Terms.

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

a. you breach these Terms in a material way;

b. you misuse (or we can establish you have attempted to misuse) the TiVo service,

c. you alter (or we can establish you have attempted to alter) your TiVo-enabled software or use the TiVo service in such a manner as to infringe upon our intellectual property rights or those of our suppliers or any third party;

d. we cease to provide the TiVo service, or any part of it, for example in order to comply with our legal obligations (including legislative changes) or Court orders; or

e. 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 TiVo service, and terminate our agreement (without having to pay any termination fee to us), 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 TiVo service in accordance with these Terms, your access to the TiVo service will not be re-activated until you have rectified your breach. You will also be charged a re-activation fee of NZ$50 to cover administration services with respect to such re-activation.

We may monitor your use of the TiVo service to ensure that you are complying with these Terms. We will comply with our Privacy Policy (at www.mytivo.co.nz/privacy) if we do.

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

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

PART C - HOME NETWORKING PACKAGE

1. Introduction

In addition to the terms set out in Parts A and E of these Terms, the following terms relate to your use of the Home Networking Package.

The Home Networking Package contains software for you to download onto the computer which is on the same home network as your TiVo media device. Your use of the Home Networking Package is subject to these terms as well as a licence agreement regarding your use of the TiVo Desktop 2.8 software within it, which comes with some useful and important Release Notes about the software, compatibility requirements and issues which can arise depending on the set up of your home network. By using the Home Networking Package, you agree to the terms and conditions set out in each of these documents.

A home network is a virtual network (or "subnet") used to connect multiple devices (eg computers and TiVo media devices) within the same home (by matching "subnet" addresses). Usually, this means PCs, TiVo media devices and any other IP-enabled devices within your home that are connected to the same domestic router (via wifi or ethernet cables). A device which resides on your network at IP address 192.168.1.5 is on the same Home Network as any other device which resides at IP address of 192.168.1.x ("Same Home Network"). For example, a device which resides on your network at IP address 192.168.1.5 is on the Same Home Network as a device which resides at IP address of 192.168.1.9. It is not on the Same Home Network as a device which resides at IP address of 192.168.2.5.

The Home Networking Package is an Optional Upgrade which is sold separately to the TiVo media device, and which contains software which enables certain functionality between one or more TiVo media devices on the Same Home Network, as well as certain functionality between your TiVo media device and home computer(s) on the Same Home Network. The features enabled by the Home Networking Package include TiVoToGo, Multi-Room Viewing and access to media stored on your home computer as well as access to web video.

Once purchased, you will need to activate your Home Networking Package by going to MyTiVo and entering the token number provided to you at the time you purchased the Home Networking Package. You must not provide your token number to any other person and you may not transfer your Home Networking Package to any other person.

Once you have activated your Home Networking Package on MyTiVo, within up to 24 hours you will be provided with a Media Access Key which you will need to enter at the time you install TiVo Desktop to enable TiVo Desktop functionality, as well as a Desktop Plus key which you will need to enter to enable Desktop Plus functionality (as set out below). You must not provide your Media Access Key nor your Desktop Plus key to any other person.

2. Multi-Room Viewing Feature

The Multi-Room Viewing feature enables you to transfer programs among TiVo media devices within a single household. The Multi-Room Viewing feature requires the purchase of the Home Networking Package and two TiVo media devices that are enabled for Multi-Room Viewing, on the same TiVo account and on the Same Home Network (as described above in clause 1 of this Part).

The Multi-Room Viewing feature may not enable TiVo media devices to transfer particular content among one another due to copy protection mechanisms used by copyright owners, studios or broadcasters. See www.mytivo.co.nz/copyprotection for more details.

You acknowledge that if you have set Parental Controls on your TiVo media device, you will be required to enter a password at the time you request to transfer a recording using the Multi-Room Viewing feature.

3. TiVoToGo Feature for PC users

The TiVoToGo feature enables you to transfer programs from your TiVo media device to your PC as well as watch them on selected mobile devices. For PC users, the TiVoToGo feature requires the purchase of the Home Networking Package and the installation of the New Zealand version of the TiVo Desktop application (available for download within www.mytivo.co.nz/myaccount) on a PC that is connected to the Same Home Network as your TiVo media device, as well as installation of 3rd party media player (such as Sonic's Easy Media Creator).

Using the TiVo Desktop application, the TiVoToGo feature enables you to transfer a program that you have recorded on a TiVo media device to a PC in the same household and on the same subnet.

Once a program has been transferred to a PC using TiVo Desktop, you can view the program on your PC using third party media player applications. We are not responsible for and do not warrant the use, behaviour, or performance of such third party applications.

Using the Desktop Plus application (which requires use of the Desktop Plus key provided to you at the time of activation of your Home Networking Package), you can also select the program for viewing on compatible mobile devices. For more information on compatible devices see www.mytivo.co.nz/support.

You acknowledge that the TiVo Desktop application does not include Parental Controls for programs stored on your PC. If you do not want minors to view particular programs on a PC or mobile device, do not transfer them using the TiVoToGo feature.

4. TiVoToGo Feature for Mac users

For Mac users (for example apple MacBook and iMac), the TiVoGoTo feature requires the purchase of the Home Networking Package and the installation of third party software called Roxio® Toast 10 Titanium on a Mac and it must be connected to the Same Home Network as your TiVo media device. We are not responsible for and do no warrant the use, behaviour, or performance of such third party software – if you have any queries about the performance or features of third party software, it is your responsibility to obtain customer support from the relevant third party supplier of such software.

5. General re TiVoToGo

Using the TiVoToGo feature, you can transfer content only between TiVo media devices to home computers on the Same Home Network.

The TiVoToGo feature includes security measures designed to prevent infringement of copyrighted works. You agree not to take any steps to defeat any TiVo security measures or to use any third party applications that may bypass any TiVo security measures.

The TiVoToGo feature may not enable all programs to be transferred due to copy protection mechanisms used by copyright owners, studios or broadcasters. See www.mytivo.co.nz/copyprotection for more details.

You acknowledge that (a) not all mobile devices are compatible for use with the TiVoToGo feature and we provide no guarantees in relation to the compatibility of third party products; (b) we are not responsible for and do not warrant the use, behaviour or performance of third party products; (c) if you have queries about the performance or features of third party products, it is your responsibility to obtain customer support from the relevant third party supplier of such products.

Your home computer must meet certain minimum technical requirements (see www.mytivo.co.nz/support for more information) and you must have adequate storage space available on your home computer to use the TiVoToGo feature. Because your home computer may need available space on its storage device to run properly and accommodate routine tasks, we recommend that you carefully monitor the amount of available storage on your home compter. The programs transmitted from your TiVo media device may require large amounts of space relative to other files on your home computer, and the TiVo Desktop application does not monitor the amount of available storage on your home computer. You agree that we are not responsible for your inability to use the TiVoToGo feature or your home computer based on lack of available storage on your home computer or your home computer’s sfailure to meet the minimum technical requirements. You also agree that transfer times may vary significantly between users, depending on their own home network setup.

You acknowledge the Known Issues in relation to TiVo Desktop 2.8 software, which are set out in the Release Notes referred to in clause 1 above.

6. Access to media on your PC or Mac

The TiVo Desktop application (for PC users and Mac users) also enables you to access photos and music stored on your home computer for viewing on your TiVo media device via your home network. To enable this feature you need to install the New Zealand version 2.8 of the TiVo Desktop application (available for download within My Account www.mytivo.co.nz/myaccount) on a home computer that is connected to the Same Home Network as your TiVo media device. We do not support or authorise the use of the particular TiVo Desktop application which is available for download by US customers in the US.

PC users can use TiVo Desktop Plus to also access home movies and other video files which are stored on your home computer, provided they are in a compatible format. Mac users can use Roxio® Toast 10 Titanium to access home movies and other video files which are stored on your home computer, provided they are in a compatible format. For more details see www.mytivo.co.nz/support.

The TiVo Desktop application itself does not contain any security mechanisms that would prevent third parties from accessing your home network. If your home network has Internet access but does not include a firewall, information on your home network can be easily seen by anyone on the Internet. Most firewall products stop all traffic originating from the Internet, protecting your systems from malicious network attacks or curious browsers interested in the files you have on your computer. A firewall can be installed to protect an individual computer or to protect a whole home network. Because the TiVo Desktop application makes media (e.g., music, photos) you publish to your TiVo media device available on your home network, we recommend that you install a firewall that protects your home network. If your network does not include a firewall, Internet users may be able to access PC-based media on your network or other information on your computer, such as personal financial data. We strongly suggest you take steps to protect your home network from unwanted intruders. Routers and home gateways, available at most electronics stores, may include a firewall meant to protect your home network. You acknowledge that an improperly configured router, firewall or anti-virus software can interfere with the ability of the computer and a TiVo media device operate with each other or to transfer media files.

Some third-party PC-based applications may also enable access to PC-based media through your TiVo. Such applications may or may not include built-in security mechanisms. We are not responsible for and do not warrant the use, behaviour, or performance of such applications.

7. Transferring Broadband Video using TiVo Desktop Plus

The TiVo Desktop Plus application (for PC users) and Roxio® Toast 10 Titanium (for Mac users) enables users to transfer podcasts and video RSS feeds you subscribe to on your home computer, onto your TiVo media device. You must ensure that the terms of any RSS video or podcast you subscribe to:

a. do not preclude you from watching such feeds on a device like the TiVo media device; and

b. do not prevent the display of the RSS feed on a television by means that the TiVo media device would cause that feed to be displayed.

Unlike other features of the Home Networking Package (including Multi-room viewing, TiVoToGo, accessing media stored on your home computer), this function uses up broadband capacity and will be counted towards any usage allowance you have or for which you may be charged by your provider. You are responsible for checking with your internet service provider whether your plan is suitable. You are also responsible for paying for your personal broadband connection, including any download charges.

8. Note About Privacy and TiVo Desktop Application

Please review our Privacy Policy located at www.mytivo.co.nz/privacy, which is incorporated herein by reference. When you use the features enabled by the TiVo Desktop application, we may collect anonymous information about the use of these features, but that does not identify you as an individual or household. This anonymous information is treated the same as Anonymous Viewing Information under our Privacy Policy. In other words, there is no personally identifiable information associated with this data that could identify the data as coming from you or your household.

PART D - THE TIVO MEDIA DEVICE AND OTHER ASSOCIATED EQUIPMENT

In addition to the terms set out in Parts A and E of these Terms, the following terms relate to your use of the TiVo media device and other associated equipment.

1. Compatibility

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.

The TiVo media device is not compatible and will not interconnect with the equipment and services of pay television providers such as Sky.

Only a TiVo media device purchased in New Zealand will function in New Zealand. TiVo media devices purchased in Australia and in USA (including from overseas websites) are configured differently and will not operate in New Zealand.

You acknowledge that to receive an HD resolution picture on your TiVo media device, you need to connect your TiVo media device with an HD Ready TV using an HDMI cable (sold separately).

For connection to wireless networks, we only support the TiVo-branded Wireless Adaptor. Any other wireless adaptor cannot be guaranteed to connect your TiVo media device to a wireless network. You acknowledge that that the TiVo media device and TiVo service may not be compatible with any other specific hardware or service.

For expanding your recording capacity of your TiVo media device, the New Zealand TiVo media device only supports the TiVo 1TB Expander Drive, by Western Digital, model WDG1S10000VA. Other models, and TiVo 1TB Expander Drives purchased overseas (including from overseas websites) will not operate in New Zealand.

You acknowledge that not all mobile devices are compatible for use with the TiVoToGo feature of the Home Networking Package and we provide no guarantees in relation to the compatibility of third party products.

2. Your responsibilities

However you have chosen to pay for your TiVo media device, responsibility the TiVo media device passes to you as soon as you receive it. You are responsible for the use you make of your TiVo media device and the TiVo service.

You must keep your TiVo media device secure against use by others. You are liable for all liability resulting from use of your TiVo media device, whether authorised by you or not. If your TiVo media device is lost or stolen, you will be responsible for replacing it and upon replacement you will have to activate the TiVo service to connect to your replacement TiVo media device.

You must also ensure that any other person you permit to access your TiVo media device also complies with these Terms.

You agree not to tamper with or otherwise modify your TiVo media device - this form of misuse is treated very seriously by us.

3. Liability and exchanges in relation to damaged or faulty products

Implied warranties and liability - Nothing in these Terms removes or limits any rights that you have under existing laws or regulations and codes, including the Consumer Guarantees Act 1993 and the Fair Trading Act 1986 including for example that the services provided under these Terms are provided with due care and skill and the goods are fit for the purpose for which they are supplied and are of merchantable quality. These rights are described in more detail in Part E of these Terms.

To the maximum extent permitted by law, all other terms, conditions and warranties, other than the limited warranty provided below in this clause, whether express or implied are expressly excluded.

Limited Warranty for TiVo media devices and TiVo wireless adaptors - All new TiVo media devices and TiVo wireless adaptors (both referred to in this clause as "TiVo media devices") carry an express warranty against defects in materials and workmanship under normal use for 12 months from the time of purchase by you ("Limited Warranty Period"). Our warranty obligations for TiVo media devices are limited to the terms set forth below:

If a hardware defect arises and a valid claim is received within the Limited Warranty Period, at our option and to the extent permitted by law, we will either:

(1) repair the hardware defect at no charge, using new or refurbished replacement parts; or

(2) exchange the TiVo media device with a new or "as new" TiVo media device.

Replacement under warranty will be like for like, refurbished or "as new", meaning the replacement may have been used for testing or demonstration purposes or may have been returned by customers who were unable to receive a digital television signal or broadband service where they lived. A refurbished TiVo media device will have been checked, tested and re-packed. You will not receive a new version or model unless none of the models returned as faulty remain in stock, new or refurbished.

A warranty of thirty days or the balance of the warranty period on your original TiVo media device, whichever is the greater, will apply to the replacement TiVo media device.

EXCLUSIONS AND LIMITATIONS

This Limited Warranty applies only to TiVo media devices. The Limited Warranty does not apply to any non-TiVo hardware products or any software, even if packaged or sold with TiVo hardware.

Other than as required by law as set out above and in Part D of these Terms, we cannot accept responsibility for everything that happens to your TiVo media device. We are not responsible for, and this warranty is voided with respect to and does not apply to:

a. damage or fault caused by accident (whether by you or a third party);

b. damage or fault caused by operating the TiVo media device outside the permitted or intended uses described by us or arising from failure to follow instructions on use of the TiVo media device;

c. damage or fault caused by service (including upgrades and expansions) performed by anyone who is not an authorised repairer of TiVo media devices;

d. a TiVo media device or part that has been modified to alter functionality or capability without our written permission;

e. consumable parts, such as batteries, unless damage has occurred due to a defect in materials or workmanship;

f. cosmetic damage, including but not limited to scratches, dents and broken plastic on ports, that does not otherwise affect the TiVo media device's functionality or materially impair your use;

g. if any TSN has been removed or defaced;

h. any abuse, misuse, neglect, mishandling or misapplication (including, for example, opening up, modifying or tampering with the hardware);

i. damage or fault caused by a fault with any third party product you have connected to the TiVo media device;

j. any unusual hazards affecting the TiVo media device or failure to provide a suitable environment for the TiVo media device (including for example exposure to excessive humidity, heat, cold, dust, food, liquids, magnetic or electromagnetic interference, or incorrect power voltage);

k. electrical supply problems resulting from misuse or failure to protect your TiVo media device against power surge; or

l. natural disasters (including for example floods, lightning and fire), acts of terrorism, or any other cause beyond our reasonable control.

If you believe:

a. your TiVo media device was damaged or faulty when it is delivered to you; or

b. your TiVo media device has become faulty while still within the Limited Warranty Period and the fault is not excluded from our Limited Warranty (see "Exclusions and Limitations" section above),

contact Customer Support to see if you are entitled to make a warranty claim. Our warranty process requirements form part of these Terms.

If you do not comply with your obligations in relation to our warranty process requirements, (for example if it turns out that the fault is not covered by the Limited Warranty or the claim is made outside the Limited Warranty Period), you will be charged handling costs and you will have to pay for your TiVo media device to be repaired.

When your TiVo media device is exchanged for a new or 'as new' TiVo media device, your original TiVo media device for which the exchange is made must be returned to us and becomes our property.

You acknowledge that you will need to re-activate the TiVo service after your TiVo media device is repaired or replaced. This is because the TiVo media device gets re-set during repairs, and a refurbished TiVo media device will not contain your original recordings.

Process for repairs not covered by Limited Warranty terms or outside Limited Warranty Period

If your TiVo media device needs servicing but is not covered by terms of the Limited Warranty, or the Limited Warranty Period has expired, you will have to pay for your TiVo media device to be repaired.

TiVo Home Networking Package - Warranty information regarding the software contained in the Home Networking Package (including TiVo Desktop/ TiVo Desktop Plus) is contained in the End User Licence Agreement provided and agreed to at the time of installation of that software, and that limited warranty does not cover faults caused by your acts (or failures to act), the acts of others, or events or causes beyond our reasonable control.

TiVo 1TB Expander Drive by Western Digital - For warranty information regarding the TiVo-approved Expander Drive manufactured by Western Digital, visit the Western Digital product support website at support.wdc.com. If you purchased the product at a retail outlet, your warranty claim must be processed through the retailer directly.

Third party products or software - For technical and warranty information regarding third party products or software, contact such third parties directly.

4.Title to Software and Intellectual Property

You received certain software in your TiVo media device at the time of you first obtained it, and other software programs may be delivered to your TiVo media device by us from time to time, which your TiVo media device will automatically accept. You may use that software solely in executable code form and solely in conjunction with your TiVo media device.

You must not use any unauthorised software on your TiVo media device.

Any attempt to disassemble, decompile, create derivative works from, reverse engineer, modify, sublicense, distribute or use for other purposes either the TiVo media device or the software in the TiVo media device is strictly prohibited, except as expressly set out below in relation to Open Source Software.

We and our suppliers retain title to and ownership of all the software on the TiVo media device and certain intellectual property rights in the TiVo media device. We and our suppliers also retain ownership of all copyright and trademarks in and on the TiVo media device. Without limiting the foregoing, all TiVo copyright and trademarks are the exclusive property of TiVo Inc. TiVo Inc. is an intended third-party beneficiary of these Terms.

Without limiting the foregoing, "TiVo" and the TiVo logo are registered trademarks of TiVo Inc. "Season Pass", "WishList", "Thumbs Down" (logo and text), "Thumbs Up" (logo and text) are trademarks of TiVo Inc. The absence of a product or service name or logo belonging to TiVo Inc. anywhere in the text of the www.mytivo.co.nz website or other publications and materials regarding the TiVo media device and/ or TiVo service does not constitute a waiver of TiVo's trademark or other intellectual property rights concerning that name or logo. All other products and brand names are trademarks and/or registered trademarks of their respective companies. TiVo Inc and we disclaim any and all rights in these marks.

If in future you install separate software intended for installation on your PC for use in conjunction with your TiVo media device, ownership and the other terms of use of that software will be governed by the applicable end user licence agreement, to which you must agree before installation.

If you fail to comply with these Terms, we may terminate this licence to use the software of the TiVo media device, except for the Open Source Software.

You will find some of our supplier's software licence terms in the Copyrights and Trademarks menu option on your TiVo media device, as well as on www.mytivo.co.nz/licensing. Nothing in those terms serve to reduce your rights under the laws of New Zealand.

5. Open Source Software

Certain components of the software on the TiVo media device are subject to so-called open-source licences such as the GNU General Public License Version 2 ("Open-Source Software"). Open Source Software is not subject to the restrictions in clause entitled "Title to Software and Intellectual Property" above, and is subject to the terms of the applicable open-source licence. You are free to use, modify and distribute Open Source Software, so long as you comply with the terms of the applicable open-source licence (available at www.mytivo.co.nz/licensing).

To the extent required by the terms of the applicable open-source licences, we and our suppliers make our modifications to Open Source Software that we distribute pursuant to such open-source licences available to the public in source code form at www.mytivo.co.nz/linux.

6. External Hard drive

The New Zealand TiVo media device only supports the TiVo 1TB Expander Drive manufactured by Western Digital model WDG1S10000VA. Other models, and TiVo 1TB Expander Drives purchased overseas (including from overseas websites) will not operate in New Zealand. If you try and connect a non-approved hard drive it will not work with the TiVo media device.

Once you connect your TiVo Expander Drive to your TiVo media device, you should keep them connected at all times. If you disconnect the TiVo Expander Drive from your TiVo media device, you may lose some if not all your recordings stored on your TiVo media device and your TiVo External Hard drive. DO NOT DISCONNECT YOUR TIVO EXPANDERDRIVE FROM YOUR TIVO MEDIA DEVICE UNLESS ABSOLUTELY NECESSARY AND IN ANY EVENT ONLY TEMPORARILY and ONLY FOLLOWING THE INSTRUCTIONS PROVIDED FOR YOU BY WESTERN DIGITAL IN THE QUICK INSTALL GUIDE.

You acknowledge that the TiVo 1TB Expander Drive is not intended to be, nor authorized to be used as, a portable or permanent storage device.

If you believe your TiVo 1TB Expander Drive is faulty or needs repair, visit the Western Digital product support website at support.wdc.com to check if it is covered by the Western Digital warranty. If you purchased the product at a retail outlet, your warranty claim must be assessed and processed through the retailer directly.

PART E - GENERAL

The terms set out in this Part E relate to your use of all of the TiVo media device, TiVo service, Home Networking Package and Broadband Extras (in addition to those parts of these Terms which relate specifically to each of them).

1. Customer support

If you require customer support in relation to your use of your TiVo media device, visit support.mytivo.co.nz.

Once you have activated the TiVo service, for additional customer support in relation to the TiVo media device and TiVo service, go to www.mytivo.co.nz/support .

You acknowledge that if the TiVo media device crashes, in some cases your recordings and/ or broadband content may be affected.

You acknowledge that any defects in the TiVo service may not be corrected.

Basic technical support regarding the TiVo 1TB Expander Drive manufactured by Western Digital is available at www.mytivo.co.nz/support. For any additional support required, visit the Western Digital product support website at support.wdc.com.

2. Third Party Services, Third Party Content and Copyright

You are able to access some third party services ("Third Party Services") on your TiVo media device. You understand that: (a) you may be required to agree to third party terms and conditions before being provided such access on your TiVo media device; (b) we do not guarantee access to such Third Party Services; and (c) we have no control over such services.

The TiVo service gives you the ability to access, record, copy, transfer, display, view, and/or listen to audio, video, and other media over which we exercise no editorial or programming control ("Third Party Content"). You understand that: (a) we do not guarantee access to or the ability to record, copy, transfer, display, view, and/ or listen to any particular program or other content; (b) programming is not under our control; (c) Third Party Content providers may restrict or limit the ability to record, copy, transfer, display, view, and/or listen to particular programs or other content by using a variety of copy protection mechanisms; (d) Third Party Content providers may restrict or revoke access to their content at any time; (e) we are not responsible for and have no editorial control over any Third Party Content; and (f) we have no control over the distribution of such content.

The content that you are able to record on, download to or transfer to or from your TiVo media device (including Third Party Content) is protected by copyright. Unless you own the copyright in, or are licensed by the copyright owner to do a particular act with respect to that content, you are only allowed under New Zealand copyright law to record broadcast content for private and domestic use for watching or listening to that content at a more convenient time than the time when the broadcast was made, or may otherwise use that or other content (including broadband content) as expressly permitted or otherwise in accordance with any permitted use in accordance with the provisions of the New Zealand Copyright Act. Nothing in these Terms permits, and we do not permit, you to use or deal with content recorded on, downloaded to or transferred to or from your TiVo media device for any other purpose. If you are not the owner or licensee of content and you distribute or otherwise make it available to anyone else, you may be infringing copyright, and this will be treated as misuse of the TiVo service.

You acknowledge that the TiVo service and the TiVo servers that provide you with data and Third Party Content may not be free of viruses or other harmful components.

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

3. Advertising

From time to time, there may be advertising displayed as part of the TiVo service or Broadband Extras, providing you information regarding products and services.

4. Your personal broadband usage

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

5. Areas beyond our control

We want to give you the best service possible, but some things are beyond our control and we can't accept responsibility for them. We are not responsible for any failure to our services which occurs:

a. due to fault with anything we have not supplied to you, such as your own television*, PC, broadband connection or home network infrastructure;

b. because you do not use our services correctly according to our instructions;

c. because you do not set up your TiVo media device correctly according to our instructions;

d. because you do not let us update software we provide to you (except for Optional Upgrades which you may choose not to purchase and which choice will not effect the TiVo service you continue to receive);

e. due to natural disasters (including for example floods, lightning and fire), acts of terrorism, interruptions to power supplies or your personal broadband service or any other cause beyond our reasonable control.

*Television manufacturers advise you not to allow a still image such as on screen graphics and the electronic program guide graphics to be displayed on your television screen for an extended period of time. This can cause a permanent residual image to remain on some plasma, rear projection and LCD televisions, particularly during the first 200 hours of use. Read your television manufacturer's manual for instructions and tips on avoiding 'burn in'. It is something which is outside of our control.

To the extent permissible by law, you understand and agree that the TiVo service is provided on an "as is" and "as available" basis.

6. 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 or our services, then except regarding terms relating to the acquisition of your TiVo media device itself, these Terms will prevail to the extent of that inconsistency.

7. Privacy, notices and messages

Your use of our website and use of the TiVo media device 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 at www.mytivo.co.nz/privacy . Please read it carefully before using the TiVo media device.

From time to time you may receive messages from us about your TiVo media device: mostly by email to the email address you have nominated, but occasionally to through your TiVo media device to your television. 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 activation, upgrade availability, program line up changes and imminent maintenance to the TiVo service. You agree as part of your acceptance of these Terms, to us sending you emails for those and related purposes.

8. Supplier Liability

Under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986, 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:

a. on behalf of and for the benefit of our suppliers; and

b. 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 or 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 product(s) in question.

9. 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.

Our services (including the TiVo service) are 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 re-activate the TiVo service and they will be charged a re-activation fee of NZ$50 to cover administration services with respect to such re-activation.

9. 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 suppliers 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), your misuse of services available to you on your TiVo media device, or your unauthorised modification or alteration of the TiVo media device or software on the TiVo media device.

10. 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.