Terms and Conditions

Notice: This document was last updated on 24 August 2011.

TiVo® Shop Terms and Conditions for Payment in Full

1. These Terms are binding on you

Welcome to mytivo.com.au and thank you for shopping with us.

These Terms govern your use of mytivo.com.au ("our website") and the purchase of products from our website when you choose to pay in full. If you have purchased a TiVo® media device (whether on our website or in a retail store) you are also bound by the Terms of Use of your TiVo® media device and TiVo® service, which may be viewed on www.mytivo.com.au .

Our website is operated by Hybrid Television Services (ANZ) Pty Limited (ABN 19 124 140 807).

By using our website, and by buying a product via our website by paying in full, you agree that you have read, understood and accepted these Terms. This has the same force and effect as if you had actually signed these Terms.

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.

2. Understanding these Terms

In these Terms:

'We', 'our' and 'us' refer to Hybrid Television Services (ANZ) Pty Limited, when referring to operation of the website, and refer to our authorized online TiVo reseller Raw Ideas Pty Limited, when referring to offers, orders, sales and deliveries made via this website.

'You' and 'your' refer to the customer (you!).

"business day" means Monday to Friday, excluding NSW Public holidays.

3. Pricing

Our product prices are set out on our website and we may update them from time to time and we do not provide price protection nor refunds in the event of a price change or promotional offering. All prices are in Australian dollars and, unless we state otherwise, all prices are inclusive of GST.

4. Orders

We only sell and ship products to private and domestic end user customers within Australia and New Zealand. We also only sell products to people over the age of 18, so if you are under 18 years old, ask your parent or guardian to buy a TiVo® media device for you.

Information contained on this website constitutes an invitation to treat. No such information constitutes an offer by us to supply any products.

By placing an Order, you make an offer to us to purchase the products you have selected on these Terms. We may or may not accept your offer at our discretion. If we accept your Order, we will notify you of our acceptance by displaying an Order Confirmation which you can print out for your records.

No agreement is created until your Order and accompanying payment have been accepted and processed by us and we have confirmed this to you (by displaying your Tax Invoice or notifying you that your chosen item is not in stock).

If we cannot accept your Order we will contact you.

Orders placed on the weekend or on a Public holiday will not be processed until the next business day.

Once we have confirmed your Order, you are bound by the Order except if we tell you that the product is not in stock.

5. Payment

Payment must be made in full at the time of your Order. Title (full ownership) to the TiVo media device passes to you when you have paid for it in full.

You may pay for your products only by the methods of payment displayed on the payment section of website from time to time. We only accept payment by credit card. At the time your Order is placed, we obtain a pre-approval from the credit card company for the amount of the Order. Credit card billing occurs at the time your Order is confirmed.

We currently accept Visa, MasterCard and American Express. Maximum order quantities apply and are provided on the website.

If you are purchasing products for delivery in Australia, you must pay the price payable in Australian dollars shown on your Order Confirmation, which includes GST payable on the sale of the products to you.

If you are purchasing products for delivery to New Zealand, you must pay the price payable in Australian dollars shown on your Order Confirmation, and the Australian dollar amount will be converted to New Zealand dollars by your bank. No GST will be payable on the sale of the products to you, however GST will be payable by you to NZ Customs on the import of the products into New Zealand based on the full cost of the goods (including freight) (unless it is less than NZ$400). You acknowledge that the products will not be released by NZ Customs until you pay them the GST.

We will display your Tax Invoice on screen to allow you to print it. Your Tax Invoice will be your proof of purchase.

As set out in the Terms of Use of your TiVo® media device and TiVo® service, if your credit card payment authorisation is withdrawn after we have processed your payment, we may suspend your access to the TiVo service.

In circumstances where we suspend your access to the TiVo service, we will send you an email telling you that this has happened and may even alert you through your TiVo media device on your television. We will not re-activate the service until you pay us any outstanding amount, and any re-activation will be dealt with in accordance with the Terms of Use of the TiVo Media Device and TiVo Service.

If you still do not pay the outstanding amounts, we may terminate your use of the TiVo service, and that termination will not affect either party's respective rights or remedies. As such, we may take legal or other collection action against you for non-payment of the charges, and we will require you to pay our reasonable costs and expenses (including legal costs) of taking that action.

6. Delivery

We will not make deliveries outside Australia and New Zealand.

The delivery price for all deliveries is set out on our website and may be updated from time to time.

If the item you order is in stock and your Order is placed before 12pm on a business day, your Order will be normally dispatched the next business day, to the address nominated by you. Orders received after 12pm on a business day and Orders placed on a non business day may typically be dispatched on the second business day after confirmation. You must enter the correct delivery address details at the time of purchase. If you enter the wrong address, we will not be liable for the loss of your Order, and we will only resend the product to the correct address at your expense.

Unless otherwise agreed by us, we will deliver your products to the delivery address indicated on your Order Confirmation. If no-one is available to take delivery of your products, we will leave a delivery notification card at your address and deliver the products to your local post office for you to collect.

If a product is not in stock we will inform you of the expected delivery time, based on information provided to us by our suppliers. While we can't guarantee the delivery dates advised by our suppliers, we will advise you of any delays.

We will use our reasonable endeavours to deliver your products to you within the following timeframes:

  • If you live in metropolitan areas - within five business days (or within six business days if you place your order after 12pm AEST);
  • If you live in regional areas - within seven business days (or within eight business days if you place your order after 12pm AEST).

However, we do not guarantee that we will deliver within these time frames. Although every effort is made to deliver your Order according to the estimated delivery times provided, delivery times may change due to changes in supply. If the delivery time changes, we will contact you via email and provide a revised estimated delivery time.

If your products have not arrived within 14 business days of the date of issue of your Order Confirmation, go to http://support.mytivo.com.au/?action=enquire. You will be able to fill out and submit an Online Order Inquiry Form to make inquiries regarding the status of your Order.

If we have not attempted to deliver your products to you within 30 days of the date of issue of your Order Confirmation, you will have the option to cancel your Order. ORDERS CANNOT OTHERWISE BE CANCELLED.

If a product is lost or damaged in transit, go to http://support.mytivo.com.au/?action=enquire.

Except to the extent that your products comprise software, title and risk of loss to all products will pass to you on delivery. We are not responsible for any loss or damage to products after delivery has taken place.

7. When products are not available

There may be unforeseen circumstances under which it is not possible for us to supply a product at all. If this occurs, it may be necessary for us to cancel Orders for that product. We will refund or cancel your payment and notify you, but we can't accept liability for any other loss or damage arising as a result.

8. Warranty and Returns

For the terms of our 12 Month Limited Warranty and requirements regarding exchanges of products purchased from our website, see www.mytivo.com.au/warranty as well as the Terms of Use of your TiVo® media device and TiVo® service.

9. Copyright

Copyright in our website is our property. Our website includes copyright material, trademarks and registered trademarks which are the property of us and third parties. This material may only be used for the purposes of browsing our website and purchasing products.

10. Disclaimer

The information contained 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.

11. Changes to these Terms

We may vary these Terms or any information contained on our website at any time.

12. Privacy

Your use of our website or your purchase of a product using our website 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/privacy and which forms part of these Terms. We may for example receive information about you from your credit card provider or its agents, and disclose information about you to our distributors and suppliers in order to process your Order.

13. The Spam Act

We comply with the Spam Act 2003 (Cth). If we send you promotional emails, you will be able to respond by asking us not to send you any more. However, most of our official communication with you will be by email (eg: regarding your Order, delivery and so on). You agree as part of your acceptance of these Terms to us sending you emails for those and related purposes.

14. Notices

Notices will be sent by email to the preferred email address you have nominated. Unless we receive notice which indicates that an email was not delivered to you or received by you, you will be deemed to have received a notice at the time the email was sent. Keep your email address information up to date!

15. 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 transfer the benefit but not the burden of your rights and obligations under these Terms.

16. 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 of New South Wales, Australia and any courts which may hear appeals form those courts.