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, so if you are currently experiencing technical difficulties with your TiVo device, we encourage you to take advantage of our TiVo Swap Out offer now and upgrade to a Fetch Mighty at $100 off the Recommended Retail Price. For more information see https://myaccount.mytivo.com.au/tivoswapout.
WARRANTY INFORMATION FOR TIVO CUSTOMERS
Statutory Warranty and Liability
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of an acceptable quality and the failure does not amount to a major failure.
The express warranties set out in the sections below apply in addition to all rights and remedies to which you may be entitled under existing laws or regulations and codes, including under 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. Nothing in these terms excludes, restricts or modifies any such rights or remedies.
A. TIVO MEDIA DEVICE AND TIVO® WIRELESS ADAPTOR
To the maximum extent permitted by law and without excluding, restricting or modifying any rights or remedies to which you may be entitled under the Australian Consumer Law and other laws, regulations and codes, all other terms, conditions and warranties, other than the Limited Warranty provided below, whether express or implied are expressly excluded.
In addition to all rights and remedies to which you may be entitled under the Australian Consumer Law and any other relevant legislation in Australia and New Zealand, all new TiVo® media devices and new TiVo Wireless Adaptors (both referred to here as "TiVo media devices") carry an express warranty from Hybrid Television Services (ANZ) Pty Limited against defects in materials and workmanship under normal use for 12 months from the time of purchase by you ("Limited Warranty Period"). Our obligations under this additional Limited Warranty 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.
Goods presented for repair may be replaced by refurbished goods of the same type rather than being repaired. Refurbished parts may be used to repair the goods.
Repair of your TiVo media device may result in loss of user-generated data.
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 further Limited Warranty of thirty days or the balance of the existing Limited 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.
(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
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),
you may be entitled to make a warranty claim under this Limited Warranty.
In this case the Customer Support team will engage a Support Technician who will arrange for pre-paid postage of your TiVo media device to be sent to us (at our expense). We will then check to verify the reported fault and if it is covered by the Limited Warranty, we will repair or replace your TiVo media device as required at no charge.
The benefits given to you by the Limited Warranty are in addition to other rights and remedies to which you may be entitled under a law in relation to your TiVo media device.
If we determine that the fault is not covered by the Limited Warranty or the claim has been made outside the Limited Warranty Period and you do not otherwise have a right to a repair, replacement or refund for failure to comply with a consumer guarantee under the Australian Consumer Law, you may be charged handling costs and you will have to pay for your TiVo media device to be repaired. We will be sure to inform you about this before applying the charges.
When your TiVo media device is replaced with a new or 'as new' TiVo media device under this Limited Warranty, your original TiVo media device for which the exchange is made must be returned to us and becomes our property. We will arrange pre-paid postage to do this at our expense.
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.
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.
C. TIVO 1TB EXPANDER DRIVE, MANUFACTURED BY WESTERN DIGITAL
For warranty information regarding your TiVo 1TB Expander Drive, visit the Western Digital product support website at support.wdc.com
D. THIRD PARTY PRODUCTS OR SOFTWARE
We provide no additional express warranties with respect to third party products and software. For warranty information regarding third party products or software, contact the relevant third parties directly.
Copyright © 2011, Hybrid Television Services (ANZ) Pty Limited. All rights reserved.
TiVo and the TiVo logo are registered trademarks of TiVo Inc. and its subsidiaries worldwide.
The above Limited Warranty is given by:
Name: Hybrid Television Services (ANZ) Pty Limited.
Company address: PO Box 777, Pyrmont NSW 2009 Australia
Company email address: email@example.com