1.2 Except as varied by these terms, when you receive SKY Network Television Limited (“SKY”) content through your VodafoneTV Service, SKY's domestic terms here will apply.
2 Content, Equipment and Use of the TV Services
2.1 The VodafoneTV service requires a VodafoneTV set top box (Box), an internet connection with speeds capable of streaming content and a TV with HDMI input.
2.2 Use of the cloud-based VodafoneTV service may involve significant data usage. You are responsible for your own internet service charges.
2.3 We and/or third parties may offer you, via the VodafoneTV service, additional programming, products or services which may have additional terms and fees charged by us or a third party. If you or any member of your household accepts an offer, or the offer is accepted electronically, then these additional terms will apply, and additional charges must be paid to us or to the applicable third party for that offer. Only credit cards issued by New Zealand banks will be accepted.
2.4 You can cancel any paid apps or channels you subscribe to as part of your TV service at any time. You will be able to use those apps or channels until the end of your subscription period.
2.5 You are responsible for all use of your VodafoneTV service, including use by any third parties, and all charges however incurred, except:
a) Charges incurred because of our error or negligence; or
b) Charges for unauthorised use (except where such use is the result of your negligence, carelessness, breach of contract, or failure to comply with our reasonable requirements, or by a third party within your reasonable control).
2.6 The number of devices on which you can watch the VodafoneTV service and watching more than one concurrent stream at a time depends on your chosen subscription Plan.
2.7 You must not, nor permit or assist any other person to transfer any content on the VodafoneTV service from one device to another (except as provided for as part of your service).
2.8 The content, packages, applications, channels, programmes and scheduling of programmes and other functionality which form part of the VodafoneTV service is likely to change from time to time where our third party suppliers make changes to the content and services they provide to us. The features and functionality you can use on the VodafoneTV service may also change depending on the content, the device you use to access the VodafoneTV service, the content format, and whether or not you are on the same home network as your Box. We may also change the mechanism that we use to transmit content to you on the VodafoneTV service.
2.9 You are responsible for reviewing the classification information for all content to ensure that content is suitable for any viewers.
2.10 Only you or members of your household may use the VodafoneTV service for your personal, non-commercial viewing.
2.11 You must not, nor permit or assist any other person to: i) display or make the VodafoneTV service (or any of its content) available to the public or in a public space; or ii) copy, communicate, re-supply or re-transmit (including by uploading, downloading, streaming or sharing) all or part of any movie, event, or any other content.
2.12 You must tell us immediately if you believe an unauthorised third party may have access to the Box or your account.
2.13 You must not circumvent, remove, or alter any of the content protections or restrictions that apply to your VodafoneTV services. You must not, nor permit or assist any other person to break, circumvent, remove, alter, deactivate or degrade any of the encryption, security, rights management or other content protections used on the VodafoneTV service, its servers, security solutions or box.
2.14 Other than where it is part of your TV service, you must not install or implement personal video recorder software or hardware that allows recording, copying or playback of any movie, event, or any other content.
2.15 You must not remove, hide or change any acknowledgements, attributions or legal notices on the VodafoneTV service or any content.
2.16 You may not use the VodafoneTV service if you are outside New Zealand.
2.17 You agree we can provide you with enhancements or new capabilities for your TV service.
2.18 Our TV service depends on various factors beyond our control, and we cannot guarantee that it will always work perfectly. However, the guarantees in the Consumer Guarantees Act 1993 apply.
2.19 You are responsible for any Wi-Fi, broadband, home sockets and wiring in the premises where you use your TV service. If you notify us about a fault and we arrange for someone to visit your premises, you may be charged a fee for this if we find there is no fault, or the fault was caused by your wiring or home sockets, or any Wi-Fi or broadband not supplied by us
2.20 We may restrict, suspend or cancel your TV service if:
a) For commercial reasons we cannot provide the TV service;
b) The TV service is permanently or temporarily unavailable for any reason;
c) You use the TV Service or behave in a way that we reasonable consider to be abusive, offensive, unreasonable, inappropriate, illegal, unauthorised or fraudulent, or in any way that infringes anyone’s legal rights (such as copyright);
d) You use it other than for ordinary personal, domestic and household purposes; and
e) You are otherwise in material breach of these TV terms and the breach cannot be remedied, or you do not remedy it within 14 days of us asking you to do so.
2.21 If we restrict, suspend or cancel your TV service, you will lose access to any paid for apps or channels.
3 Limitations of Liability
3.1 If we are liable to you for direct losses arising from any breach of these TV service Terms or for our negligence, our obligation to pay any damages or losses is limited to $5,000 for one incident or $10,000 for a number of incidents within any 12 month period. This limitation does not apply to any loss or damage caused by fraud, wilful breach or wilful damage. In addition, we are not liable for:
a) loss caused by you, or any loss that results from your failure to take reasonable steps to avoid or minimise your loss;
b) loss of data;
c) loss of profits or any consequential, indirect or special damage, suffered by you or any other person; or
d) loss caused by something beyond our control, for example a failure by a Network Operator, an act of God, earthquake, terrorism, strike, shortage of suitable labour or materials or any other event beyond our control.
3.2 These limitations are subject to and do not limit any rights and remedies you may have under the Consumer Guarantees Act 1993 or Fair Trading Act 1986.
3.3 You accept liability to us for your breach of contract or negligence, but you will not be liable for any loss to the extent it is caused by us. Your liability under this clause is limited to $5,000 for one incident or $10,000 for a number of incidents within any 12 month period. This limitation does not apply for any loss or damage caused by fraud, wilful breach or wilful damage.
3.4 Subject to any liability which applies under the Consumer Guarantees Act 1993, our dealers, agents, contractors and suppliers (and their officers, employees, contractors and agents) do not accept liability to you or anyone else for any claims, costs, damages, losses or other liabilities of any kind as a result of your use of the Services. This clause creates a right that our agents and suppliers can enforce directly.
3.5 We may subcontract or delegate the performance of any of our rights or obligations under these TV terms but this will not relieve us from liability for the performance of any such obligation. Our agents can enforce those rights or obligations expressed to be for their benefit in accordance with Part 2 of the Contract and Commercial Law Act 2017.
4.1 We can contact you by email, TXT, or using any other contact details you provide to us. Please keep your details updated.
4 .2 You are responsible for maintaining the security of any access codes or passwords used to access your TV services. If you stop using the VodafoneTV Service you are responsible for resetting your box and removing your subscriptions, access codes, passwords, payment details and any other personal information.
4.3 We can change these terms at any time and may notify you in advance depending on the nature of the change.
4.4 We may transfer this Agreement without notice although, if possible, we will give you notice in advance. If you stop using the VodafoneTV Service you must reset your Box and terminate any subscriptions.
4.5 If any clause, or part of a clause, in this Agreement is found to be unfair or unenforceable, the rest of the Agreement will continue to apply.
4.6 If you or we fail to enforce our rights under this Agreement, it will not prevent you or us from taking further action.
4.7 New Zealand law applies to this Agreement and our TV services. You agree that a New Zealand court will hear any claims.