Terms and Conditions

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

Our warranty information is set out below, but we remind you that the TiVo Service will be ending on 31 October 2017.

WARRANTY INFORMATION FOR TIVO CUSTOMERS

A. TIVO MEDIA DEVICE AND TIVO® WIRELESS ADAPTOR

Limited Warranty

All new TiVo® media devices and new TiVo Wireless Adaptors (both referred to here 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 (and for the avoidance of doubt, will not contain your original recordings). 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

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 in the Terms of Use of Your TiVo media device and TiVo service, 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.

Process to follow in relation to warranty claims for TiVo media device and TiVo wireless adaptor

The following process forms part of the Terms of Use of your TiVo media device and TiVo service. If you do not comply with your obligations set out below, you may not be entitled to the benefit of our Limited Warranty, or if you are, you may be charged handling fees.

If you're having trouble with your new TiVo media device, please start by visiting Customer Support (firstly by visiting www.mytivo.com.au/support (for Australia) and www.mytivo.co.nz/support (for New Zealand)). If you have tried getting help from Customer Support, the problem still exists and you believe:

  • your TiVo media device was damaged or faulty when it is delivered to you; or
  • 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),

When your TiVo media device is replaced with 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.

When we receive your TiVo media device we will check the reported fault and if we determine that the fault is not covered by the Limited Warranty or the claim has been made outside the Limited Warranty Period, you may be charged handling costs and you will have to pay for your TiVo media device to be repaired.

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 ("as new") TiVo media device will not contain your original recordings.

Nothing in these terms removes or limits any rights that you have under existing laws or regulations and codes, including under Schedule 2 of the Consumer and Competition Act 2010 (Cth) ("The Australian Consumer Law") and the various State and Territory fair trading laws in Australia, and the Consumer Guarantees Act 1993 and Fair Trading Act 1986 in New Zealand, 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 the Terms of Use of Your TiVo media device and TiVo service.

To the maximum extent permitted by law, all other terms, conditions and warranties, other than the Limited Warranty provided above, whether express or implied are expressly excluded.

B. 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 problems caused by your acts (or failures to act), the acts of others, or events or causes beyond our reasonable control.

C. TIVO 1TB EXPANDER DRIVE, MANUFACTURED BY WESTERN DIGITAL

If you believe your TiVo 1TB Expander Drive 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.

D. THIRD PARTY PRODUCTS OR SOFTWARE

We provide no warranties with respect to third party products and software. For warranty information regarding third party products or software, contact the relevant third parties directly.