IGLOO TERMS AND CONDITIONS
Unfortunately IGLOO doesn't work everywhere. Please contact us before purchasing so we can check that you are in the IGLOO coverage area. You'll also need a working, and correctly aligned, UHF aerial to pick up the IGLOO signal.
1. Applicability and Term
1.1 Please read these terms carefully. All terms are important, but pay special attention to clause 8, which explains your key responsibilities under these terms, clause 5.2, which explains when you may be liable for an Early Termination Fee and clause 14, which explains our contractual warranty. If you use any of our services anywhere other than in your own Home for your personal and domestic purposes, or help or allow anyone else to do so, this is a very significant breach of the Agreement between us.
1.2 You agree with us that your use of the Equipment and Selected Services will be governed by the Agreement between us including these terms and the Additional Terms. The Agreement between us will commence at the earlier of the time you:
1.2.1 Agree to acquire Equipment from us;
1.2.2 Agree to acquire any Selected Service from us;
1.2.3 Take possession of Equipment (whether or not you have opened any packaging containing that Equipment), and will apply until terminated in accordance with these terms. If there is any inconsistency between Additional Terms and these terms, these terms prevail to the extent of that inconsistency. If you do not agree to these terms and the Additional Terms applicable to the Selected Services you propose to use, please do not acquire those Selected Services from us or acquire the Equipment (as the case may be).
2.1 You authorise us to collect information about you and/or your household (including information about the products and services you and/or your household use) from time to time from you and from other sources and by other means. You authorise us, and any person who acquires our business or assets ("purchaser"), to use and/or disclose to third parties such information for the purposes of communicating with you and your household in relation to these terms, responding to claims or complaints made by you or any member of your household, cooperating with or responding to any Government, regulatory or industry authority, marketing and promoting our, a purchaser's, and/or third party products and services to you and your household (including electronically), market research, generating and providing statistical analysis and rating information, credit checking and debt collection and any other purpose connected to these terms or the Agreement between us. You acknowledge and agree that such information may be held and used by us both before and after termination of our Agreement but only for the purposes set out in this clause and only for so long as we are legally entitled to use the information for the above purposes.
2.2 You are entitled to request access to, or correction of your personal information. To do so, please contact us at email@example.com
3.1 Equipment must be purchased, installed and set up by you. Other than as expressly set out in these terms or as required by law we are not responsible for any Equipment faults or failures, in particular as a result of incorrect installation, connection with third party equipment or set up or lack of any connectivity, aerial or other requirements at your Home. You must use all Equipment in accordance with manufacturer’s instructions and the Agreement between us. Please check carefully the safety and security instructions attached to these terms.
3.2 The Equipment incorporates copyright protection technology that is protected by U.S. patents and other intellectual property rights. Use of this copyright protection technology must be authorised by Rovi Corporation, and is intended for home and other limited viewing uses only, unless otherwise authorised by Rovi Corporation. Reverse engineering or disassembly is prohibited.
3.3 The Equipment contains technology subject to certain intellectual property rights of Microsoft. Use or distribution of this technology outside of the Equipment is prohibited without the appropriate license(s) from Microsoft.
3.4 Content owners use Microsoft PlayReady™ content access technology to protect their intellectual property, including copyrighted content. The Equipment uses PlayReady technology to access PlayReady-protected content and/or WMDRM-protected content. If the Equipment fails to properly enforce restrictions on content usage, content owners may require Microsoft to revoke the Equipment’s ability to consume PlayReady-protected content. Revocation should not affect unprotected content or content protected by other content access technologies. Content owners may require you to upgrade PlayReady to access their content. If you decline an upgrade, you will not be able to access content that requires the upgrade.
In respect of the intellectual property notices on or with any Igloo packaging or any Equipment: 3.5.1
means manufactured under licence from Dolby Laboratories. Dolby and the double-D
symbol are trademarks of Dolby Laboratories.
are trade marks and/or registered trade marks of Pace plc. Copyright © Pace plc
2012. All rights reserved.
3.5.3 Other trademarks and copyright materials included on or with Igloo packaging or any Equipment are the property of their respective owners.
4.1 You may have difficulty receiving the Signal, depending on where you live and the functionality and performance of your aerial, broadband connection, and the Equipment.
4.2 Although your Equipment may be capable of receiving terrestrial transmissions of free to air channels (but not satellite transmissions), we do not provide the free to air channels and are not responsible for it in any way. If you have any concerns regarding the free to air channels, please contact the relevant broadcaster (or representative of that broadcaster).
4.3 Where any of the Selected Services are provided for a set time period ("Viewing Period"), the Viewing Period will commence from the time that such Selected Services are purchased by you unless we notify you otherwise (e.g. because you have purchased an upcoming sports event or a Monthly pack that does not start immediately). Sometimes our internal processes may mean that, at our discretion and without additional cost to you, the Viewing Period is extended for a short time (not exceeding 24 hours).
4.4 You acknowledge that some of the services we provide (e.g. the "extended electronic programme guide" and any "IGLOO ON DEMAND" content that you purchase) will require a broadband connection to the Equipment that meets our minimum system requirements (see www.igloo.co.nz for more details), and that this may incur data charges from your internet service provider. You are responsible for arranging such broadband connection at your cost, as well as paying for any data charges that you incur as a result of using the Selected Services. If you have difficulty accessing the Selected Services due to problems with your broadband connection, please contact your internet service provider.
5.1 You must pay the applicable fee(s) for your Selected Services in New Zealand dollars using the payment method(s) we require, before we will provide the Selected Services to you.
5.2 You will be liable to pay to us an Early Termination Fee if you terminate a Selected Service during its Minimum Term.
5.3 If you do not pay for your Selected Services, or pay your Early Termination Fee, on the due date, we may charge you penalty interest at the rate of 2% per Month or part Month until payment is made in full of all amounts due.
5.4 You agree to pay all costs involved in the collection of any debt you owe to us (including legal costs on a client/solicitor basis and any costs of a debt collection agency engaged to act on our behalf).
5.5 Where you pay for Selected Services by credit card:
5.5.1 you warrant that you are the credit card holder, or that you have the card holder's express permission to purchase the Selected Services; and
5.5.2 “Igloo Limited” will be the name that appears on your card holder statements for any transactions made through our website.
5.6 We may change our fees from time to time without notice to you provided that we will not increase any fees payable by you for a Selected Service during any Minimum Term you have agreed to for that Selected Service.
5.7 If you elect to set up a recurring payment for any Selected Services and in respect of all payments you are required to make during a Minimum Term for any Selected Service, then we will process the payment up to 24 hours before the next Selected Services commence. If you wish to cancel a recurring payment, you must give us at least 48 hours prior notice before the recurring payment will be cancelled. Please note that if, during a Minimum Term of a Selected Service, you cancel that Selected Service or a required payment for that Selected Service, you will be liable to pay an Early Termination Fee and your service may be suspended or terminated under the Agreement between us.
5.8 We will not be responsible for delay or non-delivery of any Selected Services where we are unable to process payment for any reason, including if the issuer of your credit card refuses to authorise payment if there is a fault with the systems needed to process the payment, or if we or our authorised agents are unable to contact your card issuer.
6. Availability and Failure to Transmit
6.1 We aim to provide high quality services which are available at all times. However, because we rely on networks and equipment that we do not own or control, we cannot promise that the Selected Services will always be available or fault free. In addition, there may be maintenance windows during which we may not be able to provide certain Selected Services to you.
6.2 If you have purchased a Selected Service for a Viewing Period and for any reason the Signal of that Selected Service or any part of it is not transmitted to you for a continuous period greater than 24 hours we will, if you request, credit you with that portion of the Selected Service fee (where the entire Selected Service is affected) or a part of that fee determined by us (where the entire Selected Service is not affected) covering the period when the Signal of the Selected Service or any part of it was not transmitted. In all other cases, if a Selected Service or any part of it is not transmitted to you we will credit you with that portion of the Selected Service fee that we determine at our discretion.
7. Right to Suspend, Cancel or Alter Service
7.1 We are entitled, at any time and from time to time, without prior notice or any liability to you, to:
7.1.1 cancel or suspend the whole or any part of the Selected Services and/or substitute in place of the Selected Services, or any part of it, alternative programming, products or services;
7.1.2 alter the packages of services offered by us and/or their price provided we will not increase any fees payable by you for a Selected Service during any Minimum Term you have agreed to for that Selected Service;
7.1.3 alter the mechanism by which we transmit the Signal and/or the format of that Signal;
7.1.4 alter our minimum requirements for broadband connections, and any component of the Equipment;
7.1.5 alter our Equipment registration and re-registration requirements, information required and processes and/or require you to register or re-register any Equipment with us;
7.1.6 reset your username or password/PIN number, or require you to re-subscribe in order to continue to access the Selected Services; and/or
7.1.7 change, add and remove features and functionality of any products or services provided to you.
8. Your Responsibilities
8.1 You must not record, copy, play, publish, sell, distribute or otherwise use or retransmit the whole or any part of the Selected Service, any other programming, products or services provided by us, or the Signal under any circumstances for any purpose whatsoever other than for your personal, domestic and non-commercial use within your Home, as permitted by the Copyright Act 1994.
8.2 You shall access and use the Selected Services in accordance with these terms, any Additional Terms that may apply, and our instructions and requirements (which we may alter from time to time).
8.3 You shall not:
8.3.1 reverse engineer, break, decode or otherwise interfere with any encryption, security, copy protection or other mechanisms used in relation to the Equipment, the Signal or our other products or services;
8.3.2 make any attempt to receive or access without payment or our permission, any of our products and services; and/or
8.3.3 attempt, or authorise or permit any other person, to do any of the above.
8.4 You may only view the programme listing information provided by us, and you will not remove, copy or extract by any automated means or otherwise, or exhibit, permit or facilitate the viewing of, any of that programme listing information in a public viewing area or via the internet or any other means of communication.
8.5 You warrant to us that all information you supply to us in connection with the Agreement between us is correct. You must tell us immediately, either by updating your account details yourself, or by phoning our contact centre, if you change your email address, telephone number or physical address.
8.6 You will ensure that any user names, passwords or PIN numbers that are selected by or allocated to you in connection with these terms or the use of our services are kept secret and are only disclosed to authorised members of your household. You are responsible for any charges incurred using the Equipment and/or your username, password(s)/ PIN number. If you or any person in your household uses your username and password/PIN number to access any service (including any account management services that we provide), then you are fully responsible for who views that service, and any associated personal information.
8.7 You warrant to us that you are 18 years or older. If you watch the Selected Services with others, then you are responsible for ensuring that the Selected Service is age appropriate for that audience.
9.1 You agree, to the maximum extent permitted by law:
9.1.1 not to bring any kind of claim (including a claim in negligence) against any third party used by us in providing services to you (including any transmission services or telecommunications provider that we use, their related companies and the personnel and officers of such providers and their related companies) (“Service Providers”) for any loss or damage suffered by you or persons in your household in connection with, or related to, our Agreement;
9.1.2 that all liability (including liability in negligence) of Service Providers is excluded; and
9.1.3 that this clause confers a benefit on Service Providers which may be relied on, and enforced by them, under the Contracts (Privity) Act 1982.
9.2 Except as set out in clauses 6.2 and 9.3, our liability (whether in contract, tort including negligence, or otherwise) to you and persons in your household in connection with or arising from:
9.2.1 the supply of the Selected Services or any other programming, product or service; or
9.2.2 any damage (including property damage) or loss caused by our statements, acts or omissions, or those of our agents or contractors (including negligent acts and omissions), whether under these terms or otherwise, is excluded to the maximum extent permitted by law.
9.3 Nothing in these terms limits our liability under the mandatory provisions of the Consumer Guarantees Act 1993.
9.4 We take reasonable measures to protect the security of the services we provide, and any payment transactions that we process. However, you acknowledge and agree that electronic transmissions are never entirely secure or private, and that any message or information you send electronically (including credit card information) may be read or intercepted by others, even where a service is stated as being secure. We have no liability for the access of data through the Equipment, our website, or otherwise by unauthorised third parties.
10. Termination and Suspension
10.1 Without prejudice to our rights under clause 7, we may terminate, or temporarily suspend the Agreement between us and/or the provision of the Selected Services without notice, if you breach, or we have reasonable grounds for believing that you are not complying with, the Agreement between us, or if you use any of our services for what we consider to be an illegal or improper purpose. Any such termination or suspension will be without prejudice to our other rights and remedies. During the period of any suspension, you shall remain bound by all terms of the Agreement between us.
10.2 At the end of any Minimum Term for a Selected Service, that Selected Service shall continue to be provided by us on the same terms save that any terms of our Agreement which are specific to a Minimum Term shall no longer apply.
11. Events After Termination
11.1 On termination of our Agreement:
11.1.1 we are entitled to immediately terminate your access to the Selected Services and any other services we offer and disable your Equipment's ability to access or receive any such services;
11.1.2 you must immediately pay us all amounts you owe us under the Agreement between us; and
11.1.3 clauses 2, 5, 8, 9, 11 and 19 of these terms will survive for our benefit.
12. Registration and Transfer of Equipment
12.1 Without prejudice to our rights under clause 7, we may at any time require the IGLOO set top box which forms part of the Equipment to be registered with us for you to access any of our services. Registration helps us provide you with a better service and means we can communicate with you more effectively.
12.2 If you supply or sell your Equipment to someone else, you must deregister your Equipment with us (it is important that you remember to do this because you remain responsible for any fees payable by you and we are not responsible for any charges made by the new owner to your credit card as a result of your failure to deregister the Equipment). We may terminate the Agreement between us if you do supply or sell your Equipment to someone else but you will remain liable for any fees payable to us and for any Early Termination Fee. Provided you do not owe us anything and subject to payment of any Early Termination Fee, you may termi-nate your agreement with us if you do supply or sell your Equipment to someone else.
13. Geographic Coverage
13.1 The ability of your IGLOO set top box to receive our services is dependent on the coverage of the IGLOO terrestrial transmission service in your local area. Geographical coverage restrictions apply.
13.2 Your ability to receive Freeview terrestrial transmissions is dependent on the coverage of the Freeview terrestrial transmission service in your local area. Although the IGLOO set top box should be capable of receiving Freeview terrestrial transmissions, you will not be able to receive Freeview satellite transmissions.
The Equipment comes with a warranty against defects in materials or workmanship arising in the first 12 Months after installation. The following are not covered by the warranty: defects arising from misuse, accidental or deliberate damage, damage arising from use of equipment that is not supplied by us or on our behalf, cosmetic damage which does not affect the functionality of the Equipment or damage caused by events outside our reasonable control or that of our equipment suppliers. If you are experiencing a fault with your Equipment, we have some useful FAQs and trouble-shooting tips on www.igloo.co.nz but if this doesn’t help please contact us on 0800 2 IGLOO (0800 2 445660800 2 44566
). If a reported fault cannot be remedied over the telephone, and you are covered by this warranty, then we will provide an appropriate replacement for your faulty Equipment. We may courier the replacement to you immediately and ask you to send your faulty Equipment to us in a courier pack that we provide (if the fault is not covered by this warranty or the Consumer Guarantees Act 1993, or no fault is found, then a service fee may apply). Any replacement equipment will be new or ‘as new’ (previously used equipment that has been refurbished by the manufacturer or its authorised agent). This replacement will be warranted to the end of the original term of 12 Month warranty or 3 Months from the date we send you the replacement, whichever is the longer. This warranty does not affect your statutory rights (including under the Consumer Guarantees Act 1993).
15. Electronic Programme Guide (“EPG”)
15.1 In relation to any programme listing information provided to you, you may not remove, copy or extract any of the programme listing information by any automated means or exhibit, permit or facilitate the viewing of any or all of programme listing information in a public viewing area or via the internet or any other means of communication. You may only view the programme listing information. If you wish to make commercial use of the programme listing information you must obtain a separate licence by contacting us at firstname.lastname@example.org.
16. Software Licence Terms
16.1 You acknowledge that certain software in the IGLOO set top box is owned by, or licensed by a third party to, us or another member of our group of companies. You have a limited license to use a copy of that software only within the IGLOO set top box. You must not (except as authorised by us or expressly permitted by applicable law) copy, reproduce, decompile, disassemble, create derivative works of, reverse engineer, modify, sublicense, distribute or use for any other purpose the software in the IGLOO set top box, use the software in conjunction with any other computer hardware other than the IGLOO set top box, incorporate all (or any of) the software into other programs developed by (or on behalf of) you and/or used by you, make the software available, or permit its redistribution, for use with any other computer hardware than the IGLOO set top box or attempt, authorise, or permit any other person, to do so. You authorise us or our service providers to update the software on the Equipment by sending signals to your Equipment on a regular basis. We may also retrieve information from your Equipment at any time without notice to you.
16.2 You must ensure that the copyright, trademark and other protective notices contained in the software are maintained and not altered or removed.
16.3 Breach of any of the above terms will terminate your right to use the software.
16.4 The software contained in the IGLOO set top box may include free software or open source software which is subject to either:
16.4.1 the GNU General Public Licence (“GPL”); or
16.4.2 the GNU Lesser General Public Licence (“LGPL”).
16.5 In compliance with the GPL and LGPL, the IGLOO set top box manufacturer makes the source code of the open source software, libraries and associated utilities it uses, together with its modifications (if any) available to the public in source code form at http://www.pace.com/opensource/request. You are free to visit this website and to use, modify and distribute the open source software and any modifications as long as you comply with the terms of the GPL or LGPL.
17. Force Majeure
17.1 If we are prevented from carrying out any of our obligations under these terms by reason of any act of God, inclement weather, floods, earthquakes, fires, volcanic eruptions, acts of government, civil unrest, strike, sanctions, failure or interruption of transmission services, equipment, systems or facilities, or any other circumstance beyond our reasonable control, we will try to advise you of the existence of the circumstances and their expected duration. The performance of the Agreement between us will, to the extent that it is made impossible or impractical by such circumstances, be suspended until such circumstances cease to prevail.
18.1 We are a New Zealand operated business. If you need to contact us, our PO Box number can be found at www.igloo.co.nz and our physical address is 10 Panorama Road, Mount Wellington, Auckland 1060, New Zealand.
18.2 Any notice required to be given under these terms must be in writing and is deemed to be properly given if left at, sent by prepaid letter, email or facsimile to the last known address of the recipient.
18.3 We may at any time assign the contract between us to any person, company or business entity. You may not assign or otherwise transfer or sublicense your rights under these terms.
18.4 If any term of these terms is held to be invalid, unenforceable or illegal, then the remaining terms will continue in full force and effect.
18.5 Without prejudice to clause 7, we will have the right to alter these terms and the Agreement between us at any time without notice to you by uploading a copy of the amended terms and any amended Additional Terms to our website. Continued use the Selected Services after the Agreement between us has been altered will constitute acceptance by you of the amended Agreement.
19.1 In these terms, unless the context otherwise requires:
19.1.1 we, us or our means Igloo Limited and its successors and assigns.
19.1.2 you or your means the person who is the customer under these terms.
19.1.3 Additional Terms means additional terms applicable to any particular Selected Service you acquire from time to time and/or that may be imposed by us in relation to your use of specific services that we provide, for example when you access our website. Additional Terms are incorporated by reference into these terms and form part of the Agreement between us.
19.1.4 Agreement means these terms and the Additional Terms.
19.1.5 Early Termination Fee means the total amount you have left to pay for a Selected Service during any Minimum Term applicable to that Selected Service.
19.1.6 Equipment means the equipment supplied by us or on our behalf, originally in our packaging, including the IGLOO set top box, remote control unit and any other equipment that we may provide to you from time to time and/or, where the context permits, other electronic device or devices authorised by us and associated leads, connections, aerials and equipment in the Home which together receive and unscramble/decode the Signal or are otherwise used to access our services.
19.1.7 Home means the domestic single unit dwelling where you live, whether on a permanent or temporary basis (e.g. a bach or holiday home that you occupy on a temporary basis can be your Home for the purpose of these terms).
19.1.8 Minimum Term means a period specified in any Additional Terms for a Selected Service, which is the minimum period you are bound to subscribe to and pay for that Selected Service.
19.1.9 Month means 30 days.
19.1.10 Selected Services means any service(s) that you receive from us from time to time, which may be provided through the Equipment, online, or by any other means.
19.1.11 Signal means the transmissions, by whatever means, of television channels and programmes and other services that we offer to our customers in New Zealand, or any part of those transmissions.
IMPORTANT - SECURITY AND SAFETY
Your IGLOO set top box and other Equipment has been manufactured to meet international safety standards. To obtain the best results and operate safely it is important that you read the safety instructions below. The model number, serial number and electrical rating of your IGLOO set top box are on a label on its base.
If you have any doubts about the installation, operation or safety of your IGLOO set top box or any other Equipment, please consult your service provider.
Remember that contact with 230 V AC power can be lethal or can cause a severe electric shock. To avoid this risk:
! Never remove the top cover from your IGLOO set top box as there are high voltage live parts inside. There are no user-serviceable parts inside it. On the base of your IGLOO set top box there is a tamper-evident label that states “Warranty void if broken or removed”.
! Make sure that all electrical connections are safe and secure.
! Do not connect any of your equipment to the power supply until you have properly connected all the other leads.
! Disconnect your IGLOO set top box from the power supply (by switching off the power at the power point and then disconnecting your IGLOO set top box power lead from the power point on the wall) before you disconnect any other equipment from its rear panel.
! Ensure that the mains plug of the 12V power supply remains accessible after installation.
! Never push anything into the holes, slots or other openings of your IGLOO set top box’s case.
√ To ensure a free flow of air around your IGLOO set top box, allow at least 5 cm of space above and around it.
√ Use only a dry cloth to clean your IGLOO set top box. Never use detergents etc.
× Never stand your IGLOO set top box on soft furnishings or carpets. Do not cover any ventilation slots.
× Do not place your IGLOO set top box in an unventilated cabinet or on top of a unit which emits heat (e.g. an amplifier).
√ If your IGLOO set top box is placed with other items of audio/video equipment in a cabinet, make sure all items have sufficient space all around them, to allow ventilation and prevent overheating.
× Do not use or store your IGLOO set top box in hot, cold, damp or dusty places.
× Do not put anything on your IGLOO set top box which might drip or spill into it. Never stand objects filled with liquids, such as vases, on top of your IGLOO set top box.
× Never place naked flame sources, such as lighted candles, on or adjacent to your IGLOO set top box.
× To avoid possible damage to the IGLOO set top box or internal components, do not pick up or otherwise move your IGLOO set top box while it is connected to the mains supply. If you want to move your IGLOO set top box, first put your IGLOO set top box into standby and wait 60 seconds before disconnecting it. You should handle your IGLOO set top box carefully, as any damage you cause to the internal components will invalidate your warranty.
If you move your IGLOO set top box between different locations at different temperatures, allow it to reach room temperature before you apply power to it.