Peppery:

 

You can't buy a device, use it for x years and then claim you didn't know about the terms & conditions.

Yes I can - if telecom / spark want to rely on teh T's and C's it wil be for them to show the date I agreed to them  - as mentioned I dont recall agreeing to them at lal llet alone before I purchased.

 

 

 

 

 Emphasis mine. The Telecom terms state that you will also need to agree to Hybrid's T&Cs and they they are not responsible for the service. You would have agreed to the Hybrid terms during device set up as is standard for most software these days. Although I am guessing that these were skipped through.

 

I'm not sure yet how allowable secondary terms are if not agreed as part of the original contract. I'm not even sure what Hybrids terms were - there wasnt a link to them in the Telecoms terms. Perhasp they were part of the Tivo setup. At which point the device was already in my possession, contract agreed to.

sbiddle:

 

minimoke:

 

Agreed. Im not thinking of lodging a CGA with Hybrid as I did not purchase Tivo off them - i bought it off Telecom.

 

 

You purchased the Tivo Service off Hybrid at no cost to you when you activated your account. You only purchased the Tivo hardware from them which the terms and conditions make very clear. If you did not want to accept those terms and conditions you should have returned the box at the time.

 

If you buy a PC from Noel Leeming (for example) and then purchase a 3rd party application for that PC that then fails to work your logic would seem to be that it's Noel Leeming at fault.

 

 

 

I am guessing that service component was built into the hardware cost, especially as it appears Hybrid Australia were both the provider for the hardware, and also providing the service. Tivo have sold tivos with similar lifetime licenses in other countries, and the price of the box tended to be a lot higher to allow for this. The alternative is Sky, where you get the box for a nominal setup fee, and then get charged a monthly fee. Although that also includes pay per channels. The service in tivos case is just a few MBs of data a month in the form of the EPG being received by the tivo etc. 

I found this page which does specify tivos different licensing agreements http://www.tivopedia.com/lifetime-service.php It does actually say there was confusion over the lifetime license, but the article clarifies it.

sbiddle:

 

minimoke:

 

Agreed. Im not thinking of lodging a CGA with Hybrid as I did not purchase Tivo off them - i bought it off Telecom.

 

 

You purchased the Tivo Service off Hybrid at no cost to you when you activated your account. You only purchased the Tivo hardware from them which the terms and conditions make very clear. If you did not want to accept those terms and conditions you should have returned the box at the time.

 

If you buy a PC from Noel Leeming (for example) and then purchase a 3rd party application for that PC that then fails to work your logic would seem to be that it's Noel Leeming at fault.

 

 

 

You you are saying telecom was selling consumers a dumb box, essentially a PVR for $900. I dont think that will get much traction. I dont think anyone recalls telecom offering "a PVR and we'll throw in a free tivo service. (and for the sake of clarity as this point seems to being missed - I dont recall agreeing to any T's and S's prior to the acceptance by telecom of my offer to buy a Tivo off them. I am quite prepared to accept i am wrong on this point - but I need to go back to my emails with Telecom at teh time - and these are obviously achieved and will take some time to find. 

Remember - the basic contract runs like this. Telecom advertised a Tivo box with tivo functionality at $x.xx. I offer Telecom $x.xx for a tivo box with tivo services. There wer no T;s and C';s at this point other than that simple arrangement. They supplied the Tivo box and I had money taken from my Telecom account. Contract done and dusted.

Next where is my contract with Hybrid: where did they offer me something, where did I accept and where did I pay consideration for that offering. Hybrid cant offer me something I have already bought - which is a tivo box with tivo service from Telecom. 

scuwp:

Sorry couldn't help it. It's like banging your head against a brick wall. You agreed to the terms and conditions when you registered the box online to accept the service ! Yes if you didn't agree you had the complete right to return the dumb box to the store.

Potentially they could have shut the EPG down a week after purchasing it, and people could say, bad luck, you agreed to the terms.

minimoke:

 

 

 

 

 

Next where is my contract with Hybrid: where did they offer me something, where did I accept and where did I pay consideration for that offering. Hybrid cant offer me something I have already bought - which is a tivo box with tivo service from Telecom. 

 

Except Telecom T&Cs say they don't supply TiVo Service, hybrid does, and the moment you clicked "OK" or activated the box, you agreed to these hybrid T&Cs.

FFS, you seriously think these companies are that stupid?

STOP GOING ROUND IN CIRCLES. The T&Cs YOU posted say exactly what has been pointed out to you 20-30 times!

Maybe you should ACTUALLY READ THE T&Cs next time you buy something that isn't a basic item like a fridge (actually, now they connect  to the net, maybe you should read them too).

"Remember - the basic contract runs like this. Telecom advertised a Tivo box with tivo functionality at $x.xx. I offer Telecom $x.xx for a tivo box with tivo services. There wer no T;s and C';s at this point other than that simple arrangement. They supplied the Tivo box and I had money taken from my Telecom account. Contract done and dusted."

That was a purchase agreement, the T&Cs existed before you activated the service, after you activated the service and even now when the service is about to end. The service of said Tivo will be provided by Hybrid. You had plenty time to read the T&Cs and realise the hardware is provided by Telecom and the service is provided by Hybrid. For the record, I have 2 Tivo's and I am gutted the service is ending.

blakamin:

 

minimoke:

 

 

 

 

 

Next where is my contract with Hybrid: where did they offer me something, where did I accept and where did I pay consideration for that offering. Hybrid cant offer me something I have already bought - which is a tivo box with tivo service from Telecom. 

 

 

 

 

Except Telecom T&Cs say they don't supply TiVo Service, hybrid does, and the moment you clicked "OK" or activated the box, you agreed to these hybrid T&Cs.

 

 

 

FFS, you seriously think these companies are that stupid?

 

 

 

STOP GOING ROUND IN CIRCLES. The T&Cs YOU posted say exactly what has been pointed out to you 20-30 times!

 

 

 

Maybe you should ACTUALLY READ THE T&Cs next time you buy something that isn't a basic item like a fridge (actually, now they connect  to the net, maybe you should read them too).

 

Are you based in NZ or Australia, because I also saw your posts on the Whirlpool forum? We do have the CGA in NZ, which terms and conditions cannot contract out of.  They may not have this in Australia to the same extent when they were selling them over in Oz? This is what this particular topic is about.

Right lets get a bit of clarity. Below is a screen shot of Telecoms offer at the time. The photo is dated 10 March 2012. So for all intents and purposes I'm going to call it five years. Anyone wanting to discuss the toss on the five years - this tivo was supplied to me after that date.

The ad is clear. If I sign up for a 12 home package with telecom i get a free tivo digital tv recorder worth $499. Terms and set up costs apply. As I recall the terms were that I would sign up for 12 months with telecom and there was a cancellation fee. I am happy to be corrected on this point as I dont have the T's and C's in front of me. I think from memory I just called the 0800 number and the deal was done. Someone from Spark may be able to advise if it was there practice to send out T's and C's by email and get agreement form customer before the transaction was processed. I dont recall this being the case - simple because virtually everything I have done with Spark has been over the phone and I dont recall any emails on any occasion - but as I say happy to be corrected on this.

Nothing in the advertising that this woudl fall over October 2017.

mattwnz:

 

blakamin:

 

minimoke:

 

 

 

 

 

Next where is my contract with Hybrid: where did they offer me something, where did I accept and where did I pay consideration for that offering. Hybrid cant offer me something I have already bought - which is a tivo box with tivo service from Telecom. 

 

 

 

 

Except Telecom T&Cs say they don't supply TiVo Service, hybrid does, and the moment you clicked "OK" or activated the box, you agreed to these hybrid T&Cs.

 

 

 

FFS, you seriously think these companies are that stupid?

 

 

 

STOP GOING ROUND IN CIRCLES. The T&Cs YOU posted say exactly what has been pointed out to you 20-30 times!

 

 

 

Maybe you should ACTUALLY READ THE T&Cs next time you buy something that isn't a basic item like a fridge (actually, now they connect  to the net, maybe you should read them too).

 

 

 

 

Are you based in NZ or Australia, because I also saw your posts on the Whirlpool forum? We do have the CGA in NZ, which terms and conditions cannot contract out of.  They may not have this in Australia to the same extent when they were selling them over in Oz? This is what this particular topic is about.

 

LMFAO... this has nothing to do with the topic, but...

I have spent nearly half my 45 years in NZ, moved back to Oz 5 years ago, my kids still live in NZ...

I know what the CGA is and how it works, I also know how the ACCC works here...

What is your point? 

mattwnz:

 

 

 

Are you based in NZ or Australia, because I also saw your posts on the Whirlpool forum? We do have the CGA in NZ, which terms and conditions cannot contract out of.  They may not have this in Australia to the same extent when they were selling them over in Oz? This is what this particular topic is about.

 

This is a very  important point. We are talking about NZ Consumer Guarantees Act ( a very powerful piece of consumer protection legislation that suppliers are not able to contract out of), potentially the NZ Fair Trading Act and NZ contract law - all which may be a bit different to Australia.

minimoke:

 

 

 

The ad is clear. If I sign up for a 12 home package with telecom i get a free tivo digital tv recorder worth $499.

 

 

 

 

So you got it FREE, but still want to claim! HAHAHAHA