Terms and Conditions
Swap Out Offer
- As notified by Hybrid Television Services (ANZ) Pty Limited (“Hybrid TV”) to TiVo customers on 1 March 2017, the TiVo Service will end on 31 October 2017 and your TiVo device will have extremely limited functionality and will no longer be able to receive a TiVo service after 31 October 2017.
- The TiVo Swap Out offer expires on 31 October 2017 (after which customers will not be able to register on the TiVo website to receive a TiVo Swap Out discount code) and is only open to TiVo devices which have connected to the TiVo service in the 6 months prior to 1 March 2017 when Hybrid TV gave notice of end of service (“Active Devices”).
- Registration for the TiVo Swap Out offer is only available at mytivo.com.au until 31 October 2017. Purchases under the offer are only available from the Harvey Norman Online® Franchisee and can only be made via http://www.harveynorman.com.au/. All TiVo Swap Out discount codes will expire at midnight on 30 November2017, so your Fetch Mighty purchase must be completed on or before 30 November 2017. You must use this process to claim the TiVo Swap Out offer, even if you purchased your TiVo device via a retail channel other than from a Harvey Norman® Franchisee.
- The Recommended Retail Price (“RRP”) of a Fetch Mighty (model M616T) is subject to change. RRP of Fetch Mighty (model M616T) as at 1 March 2017 is $399.
- To connect and use a Fetch Mighty device with a TV you will need:
- To activate your Fetch Mighty device, which includes a $1 activation fee, payable by Australian MasterCard or Visa
- A spare HDMI connection on your television
- A Wi-Fi or Ethernet broadband internet connection with a minimum line speed of 3MB per second (for a single set top box)
- A free to air antenna
- Some services you can access on a Fetch Mighty device require additional payment to be made to Fetch TV, for example, if you wish to subscribe to packages of subscription channels or purchase or rent movies or television series.
- If you accept the TiVo Swap Out offer, it may take up to 4 months for the Fetch Mighty device to be ready for your collection, from the time of your online purchase.
- You must finalise your TiVo Swap Out by handing in your TiVo device to, and collecting your Fetch Mighty device from the Harvey Norman franchised store that calls you after you have purchased your Fetch Mighty device at http://www.harveynorman.com.au/.
- To the extent permitted by law, you agree:
- to release, indemnify and hold harmless Hybrid TV, Harvey Norman® Franchisees and other resellers of TiVo devices, TiVo Inc, Fetch TV Pty Ltd and all their related bodies corporate, directors, officers and agents from and against any and all claims, proceedings, injuries, liabilities, losses, costs and expenses arising out of the cessation of the TiVo service and Hybrid TV’s termination of your Agreement;
- that your receipt of the alternative third party service under these terms and conditions is your sole and exclusive remedy for any and all claims, proceedings, injuries, liabilities, losses, costs and expenses arising out of the cessation of the TiVo service and Hybrid TV’s termination of your Agreement; and
- that any liability of Hybrid TV, Harvey Norman® Franchisees and other resellers of TiVo devices, TiVo Inc, Fetch TV and all their related bodies corporate, directors, officers and agents for Consequential Loss is excluded.
For the purposes of clause 10, "Consequential Loss" means any special, indirect, consequential or punitive loss or damage, and includes any loss or damage which may fairly and reasonably be considered to arise naturally from the usual course of things, from the breach or other act or omission in question.