These Terms govern your purchase of products under the TiVo CASPA Entertainment Plan.

Definitions used in these Terms and Conditions
In these Terms,

Capitalised terms not otherwise defined here have the meaning set out in the Terms of Use of TiVo Media Device and TiVo Service.

'We', 'our' and 'us' refer to Harvey Norman as agent for Hybrid Television Services (ANZ) Pty Limited.

'you' and 'your' refer to the customer named on the front page of the TiVo CASPA Entertainment Plan Customer Contract or identified as the TiVo CASPA Entertainment Plan account holder in our database (you).

'CASPA Cash' is money in your CASPA Wallet which you have topped up using your credit card and which may be used to make transactions on the CASPA Service at any time.

'CASPA Credits' means credit included in your TiVo CASPA Entertainment Plan payment schedule ($25 per month for 12 months), which may be used by you to make transactions on the CASPA Service, and which expire to the extent unused each month. $1 CASPA Credit is worth $1 CASPA Cash.

'CASPA Service' refers to the digital content service offered through the TiVo® Media Device by Hybrid Television Services (ANZ) Pty Limited in accordance with the Terms of Use of the CASPA Service available on www.mytivo.com.au.

'CASPA Wallet' refers to the CASPA Wallet created using your credit card or debit card in accordance with the Terms of Use of the CASPA Service available on www.mytivo.com.au.

'Plan Period' refers to the length of the TiVo CASPA Entertainment Plan, being 12 months from the date of the initial purchase.

'TiVo CASPA Entertainment Plan' refers to the monthly instalments plan governed by these Terms under which you have purchased the TiVo® products.

'TiVo® products' refers to the TiVo® 320 Media Device plus the TiVo® Wireless Adaptor and the TiVo® Home Networking Package purchased by you through the TiVo CASPA Entertainment Plan

'TiVo® service' refers to the TiVo service offered through the TiVo® Media Device by Hybrid Television Services (ANZ) Pty Limited in accordance with the Terms of Use of the TiVo® media device and TiVo® service available on www.mytivo.com.au

1. These Terms are binding on you
   
   1. By buying TiVo® products on the TiVo CASPA Entertainment Plan you agree that you have read, understood and accepted these Terms.
   2. In addition to being bound by these Terms for the TiVo CASPA Entertainment Plan, you are also bound by the Terms of Use of your TiVo® media device and TiVo® service, and the Terms of Use of the CASPA Service, both available on www.mytivo.com.au, and these terms modify of any statement in either of those Terms of Use to the effect that those Terms of Use constitute the entire agreement between you and us. You will be required to agree to those terms at the time you activate your TiVo® products and set up your CASPA Wallet.
   3. The CASPA Service is owned and operated by Hybrid Television Services (ANZ) Pty Limited (ABN 19 124 140 807).
   4. We only sell products by the TiVo CASPA Entertainment Plan to people aged 18 years or over. If you are under 18, ask your parent or guardian to buy the TiVo® products for you. You warrant that you are aged 18 years or older.
2. How the TiVo CASPA Entertainment Plan ("Plan") works
   1. When you purchase the TiVo CASPA Entertainment Plan, you make an up-front payment of $299 ("Initial Purchase Price") and pay 12 monthly instalments of $50 each (with the first instalment payable one month after the date of purchase), amounting to a Total Purchase Price of $899. You get:
      • TiVo 320GB Media Device;
      • Included CASPA Credits of $25 per month (Unused credits expire monthly);
      • TiVo Wireless Adaptor; and
      • Home Networking Package.

   2. You pay by credit card or debit card.

   3. At the time of purchase, you will be provided with a CASPA Voucher Code and Home Networking Package Token. You go home and activate the TiVo media device at home on the website, and set up your CASPA wallet (if you have not already in relation to another TiVo media device you already own) and enter your CASPA Voucher Code on the website. You also download the software in the Home Networking Package at home on the website, using the Home Networking Package Token provided at the time of purchase.

   4. In addition to the Terms of Use of CASPA service you agree to at the time you set up your CASPA wallet, the following additional terms will apply to your use of the CASPA service:

      • Your TiVo CASPA Entertainment Plan includes CASPA Credits worth $25 each month during your Plan Period. The first such CASPA Credits will be made available in your CASPA Wallet within 24 hours of the date you enter your CASPA Voucher Code ("CASPA Voucher Redemption Date") and thereafter your monthly CASPA Credits will be made available in your CASPA Wallet on the equivalent day (that is, of the CASPA Voucher Redemption Date) of each month during the Plan Period.
      • Unused CASPA Credits will expire on a monthly basis. You forfeit any used CASPA Credits remaining in your CASPA Wallet when the next CASPA Credits are transferred to your CASPA Wallet on the monthly anniversary of the CASPA Voucher Redemption Date. Unused monthly CASPA Credits do not roll over nor cumulate from month to month.
      • You may check your CASPA Wallet status online at any time.
      • When you enter any paid transaction on the CASPA service, your CASPA Credits will be automatically used first before you have to top up your CASPA Wallet with additional funds or before money with which you have topped up your CASPA Wallet is used.
      • Your right to receive and use CASPA Credits will only commence in the month you redeem your CASPA Code (even though you may have purchased the TiVo CASPA Entertainment Plan one or more months earlier). You will forfeit the right to receive any CASPA credits with respect to any months in your Plan Period which pass in their entirety before you redeem your CASPA Voucher Code. If you redeem your CASPA Code in the middle of a month in your Plan Period, you will be able to use CASPA credits in your CASPA Wallet in the last month of your Plan Period until the middle of the month following the expiry of your Plan Period.

      • Your right to receive and use CASPA Credits will only continue so long as you pay each instalment as it falls due and will cease at the end of the Plan Period, however if you redeem your CASPA Voucher Code in the middle of a month in a Plan Period, you will be able to use the CASPA credits in your CASPA Wallet in the last month of your Plan Period until the middle of the month following the expiry of their Plan Period.

        Working example:

        Customer buys on 1 January > Plan expires 31 December.
        Customer redeems code on 1 January > Credits expire 31 December.
        Customer redeems code on 15 January > Credits expire 15 January following year (ie: extra 15 days to use credits at end of plan).
        Customer redeems code on 13 April > Credits expire 13 January following year (ie: no credits for Jan to March).

      • No CASPA Credits are available during any part of the period when your CASPA service and/ or TiVo® service is suspended for non-payment of instalments under the TiVo CASPA Entertainment Plan.
      • You acknowledge that if you top up your CASPA Wallet with CASPA Cash, that money is for use in your CASPA Wallet only. It does not pay off your TiVo CASPA Entertainment Plan monthly instalments.
3. Payment by credit card only

   1. You agree that you have the capacity to pay each and every instalment in accordance with the Plan.

   2. You agree to paying each instalment by having your credit card debited by us when the instalment is due during the Plan Period. We currently accept Visa and MasterCard and American Express. You may incur interest & fees in accordance with your credit card's conditions of use.
      

   3. If your credit card details change or you cancel your credit card at any time during the Plan Period, you must provide us with your new credit card details otherwise you will be in default of your Customer Contract and your access to the CASPA service and/ or TiVo service may be suspended.

4. Default
   1. You will be in default of these Terms if:
      • your credit card authorisation is withdrawn at any time during the instalment period;
      • you cancel your credit card or your credit card details change and you don’t notify us of your new credit card details; 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 TiVo CASPA Entertainment Plan, the CASPA service or other customers' use of or access to the CASPA service.  
   2. If you are in default of these Terms, we may:
      • contact you to tell you that this has happened by phone, email or an alert through your TiVo media device on your television;
      • notify you that you must pay the unpaid instalment immediately (or otherwise require you to rectify the default);
      • notify you that you must pay the full balance owing of the purchase price immediately;
   3. If you have not complied with our notification within 7 days, we may suspend your CASPA service and/ or your TiVo service. If we suspend the CASPA service and/ or TiVo service, we will send you an email telling you that this has happened and may also alert you through your TiVo media device on your television.
   4. We will not re-activate the service until you pay us the outstanding amounts (or otherwise rectify the default) and any re-activation will be in accordance with these Terms and the Terms of Use of the TiVo media device and TiVo Service.
   5. You forego the right to receive CASPA Credits during any period you are in default.
   6. If you do not pay any outstanding amounts (or otherwise rectify the default), we may terminate your use of the TiVo service and that termination will not affect our respective rights or remedies. We may take legal or other collection action against you for any amounts owing to us and we will require you to pay our costs and expenses (including legal costs) of taking that action.
   7. Any termination of your use of the TiVo service will automatically terminate your right to use the CASPA Service, receive any further CASPA Credits or use any current CASPA Credits.
   8. If you do not pay any outstanding amounts or otherwise breach your TiVo CASPA Entertainment Plan (including the Terms of Use of your TiVo® media device and TiVo® service, and the Terms of Use of the CASPA Service), we may also terminate your TiVo CASPA Entertainment Plan and require you, at your own expense, to deliver the TiVo products to us in good working order and in a similar condition as at the time at which you came into possession of the TiVo products, fair wear and tear excepted.
5. Early termination by you

   1. You may terminate this contract before the end of your Plan Period if you pay the full balance owing on the purchase price of your TiVo CASPA Entertainment Plan (namely the aggregate of the remaining amount of instalments then owing) ("Early Termination Fee").

   2. If you terminate this contract pursuant to this clause, then once we have received your Early Termination Fee:

      • ownership of the TiVo products purchased on the TiVo CASPA Entertainment Plan will pass to you;
      • you will continue to receive your CASPA Credits until the expiry of your Plan Period (and in all other respects, the provisions of this Contract in relation to CASPA Credits will continue to apply);
      • you will remain entitled to use your TiVo media device and TiVo service and CASPA service in accordance with the terms of use which generally apply.
6. Other things you need to know
   1. All prices are in Australian dollars and are inclusive of GST.
   2. Risk in the TiVo products purchased on the TiVo CASPA Entertainment Plan will pass to you upon payment by you of the Initial Purchase Price.
      
   3. Ownership of the TiVo products purchased on the TiVo CASPA Entertainment Plan will only pass to you when we receive the final instalment in the Plan. Until that time, you will be a bailee of the TiVo products and must only use the TiVo products for the purposes for which the TiVo products were designed and in accordance with the manufacturer's instructions.
   4. As bailee of the TiVo products, you must maintain the TiVo products in good repair and in good working order so as to ensure that the TiVo products are kept in the same condition as they were in at the time at which you came into possession of the TiVo products, fair wear and tear excepted.
   5. As bailee of the TiVo products, you must at your expense promptly replace all parts of the TiVo products that may from time to time become worn out, lost, stolen, destroyed or otherwise damaged beyond repair or rendered permanently unfit for use for any reason. To the extent that the TiVo products are affected by any defects in materials and workmanship covered by our 12 Month Limited Warranty prior to ownership of the TiVo products passing to you, we agree to make the benefits under our 12 Month Limited Warranty available to you. See the terms of our 12 Month Limited Warranty and the requirements for warranty exchanges of products at www.mytivo.com.au/abouttivo/termsandconditions/warranty/
   6. As bailee of the TiVo products, you will on demand indemnify us against any loss, cost (including legal costs on a full indemnity basis) or expenses which we may sustain or incur as a direct or indirect consequence of:
      • you being in default of these Terms within the meaning of clause 4;
      • any other breach by you of your TiVo CASPA Entertainment Plan (including the Terms of Use of your TiVo® media device and TiVo® service, and the Terms of Use of the CASPA Service);
      • one or more of the TiVo products being lost, stolen, damaged or destroyed in any way;
      • bodily injury, damage to property or damage to the TiVo products cause by fire, theft or accident or any other occurrence arising in connection with the TiVo products.

   7. The TiVo media device is compatible with most televisions and broadband services. We are not responsible for ensuring that the TiVo service or the TiVo media device will be compatible with your television or other equipment or with your personal broadband service. You must satisfy yourself that you do not have any compatibility problems before you make your purchase.

7. Disclaimer

   The information contained in these Terms and 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.

8. Changes to these Terms

   We may vary these Terms or any information on our website at any time, but we will not amend these Terms to impose a charge for paying by instalments.

9. Privacy

   Your purchase of a TiVo product by the TiVo CASPA Entertainment Plan 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/abouttivo/termsandconditions/privacy/ and which forms part of these Terms. We may for example receive information about you from your credit card provider or its agents or disclose information about you to our marketing consultants or collection or debt recovery agents.

10. The Spam Act

    Our communications with you will be mostly by email. You agree as part of your acceptance of these Terms to our sending you emails for these and related purposes. We comply with the Spam Act 2003 (Cth). If we send you any promotional emails, you will be able to reply and ask us not to send you any more.

11. 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 not transfer your rights and obligations under these Terms.

12. Severability

    If the Consumer Credit Code ("Code") or any other law makes a part of these Terms illegal, void or unenforceable in any jurisdiction; or a part of these Terms contravenes a requirement of the Code or imposes an obligation or liability which is prohibited by the Code or any other law, then these Terms are to be read as if that part was 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 remaining Terms.

13. 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 in that State and any court which hears appeals from those courts.