Tivo CGA Claim October 2017

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#1743935 19-Mar-2017 17:23

minimoke:

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.

Here's another very important point....

I'M NOT THE ONLY ONE TELLING YOU THIS!

You're all nucking futs...

I'm outta here

mattwnz

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#1743938 19-Mar-2017 17:28

blakamin:

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?

Because I am trying to understand your motivation for shouting everyone down who has a different point of view to your own. Maybe you need to stop shouting (eg using upper case characters)

But if you are from Australia, then why wouldn't you be claiming that your Tivo has an EPG for the 'life of the box', when Tivos youtube video says this, and you previously claimed that that video was just for the Australian market? Is there something in the Australian laws that makes it moot? It is good to have an Australian customers point of view too.

scuwp

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#1743940 19-Mar-2017 17:29

mattwnz:

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.

Yep. However it has been a glorious (minimum) 5 years. That's pretty decent and I doubt any judge will say otherwise. But whoever wan'ts a crack fill-ya-boots. I sincerely wish y'all the best

Lazy is such an ugly word, I prefer to call it selective participation

minimoke

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#1743947 19-Mar-2017 17:41

blakamin:

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

No!. I had to sign up with telecom for 12 months.

And in case you missed this part of the CGA: Ä supplier (telecom) is someone "transferring the ownership of the goods as the result of a gift from that person"

minimoke

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#1743948 19-Mar-2017 17:42

BlinkyBill: In the photo, of the ad, it says terms apply.

Have you heard of King Canute?

Yes I know. And As I said in my post my recollection of those Terms is that I woudl sign up with telecom for 12 months and if I bailed a cancellation fee would apply.

blakamin

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#1743949 19-Mar-2017 17:45

mattwnz:

Because I am trying to understand your motivation for shouting everyone down who has a different point of view to your own. Maybe you need to stop shouting (eg using upper case characters)

*sigh* Because you're frustrating me by coming up with things like this instead of looking at all the points that people have showed you 50+ times, but you keep ignoring.

mattwnz:

But if you are from Australia, then why wouldn't you be claiming that your Tivo has an EPG for the 'life of the box', when Tivos youtube video says this, and you previously claimed that that video was just for the Australian market? Is there something in the Australian laws that makes it moot? It is good to have an Australian customers point of view too.

Because, unlike you, I've accepted that 5 years is a bloody good life for a piece of hardware. I have a life. I bought another box. I moved on. I'm not crazy. I understand my rights. I understand that Hybrid have no money. I understand Rovi don't care. I understand that anything else would be a waste of time.

As far as my new box is concerned, I'd be happy if it lasts 3 years. I'd get over it if it was only 2.

And as far as the pointless video goes, Unless it was the sole reason you bought a TiVo, you're SOOL. And since you've only known it exists for 3 weeks, you're still SOOL.

You've entertained my Sunday.

C'ya

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#1743950 19-Mar-2017 17:49

This thread has basically become two dogs howling at the moon. Make a claim, don't make a claim.

Whatever, just stop yelling at each other.

blakamin

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#1743951 19-Mar-2017 17:50

minimoke:

blakamin:

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

No!. I had to sign up with telecom for 12 months.

And in case you missed this part of the CGA: Ä supplier (telecom) is someone "transferring the ownership of the goods as the result of a gift from that person"

BlinkyBill

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#1743952 19-Mar-2017 17:50

King Canute demonstrated that there are powers greater than his, and he was the most powerful in the land. He set his throne on the sea shore and commanded the sea not to wet his feet.

I'm assuming the OP is demonstrating the futility of dogma and illogical thinking, in a most regal manner reminiscent of history. Verily, the wisdom of Solomon, in the modern age.

Or, he's nuts.

mattwnz

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#1743953 19-Mar-2017 17:50

blakamin:

mattwnz:

Because I am trying to understand your motivation for shouting everyone down who has a different point of view to your own. Maybe you need to stop shouting (eg using upper case characters)

*sigh* Because you're frustrating me by coming up with things like this instead of looking at all the points that people have showed you 50+ times, but you keep ignoring.

mattwnz:

But if you are from Australia, then why wouldn't you be claiming that your Tivo has an EPG for the 'life of the box', when Tivos youtube video says this, and you previously claimed that that video was just for the Australian market? Is there something in the Australian laws that makes it moot? It is good to have an Australian customers point of view too.

Because, unlike you, I've accepted that 5 years is a bloody good life for a piece of hardware. I have a life. I bought another box. I moved on. I'm not crazy. I understand my rights. I understand that Hybrid have no money. I understand Rovi don't care. I understand that anything else would be a waste of time.

As far as my new box is concerned, I'd be happy if it lasts 3 years. I'd get over it if it was only 2.

And as far as the pointless video goes, Unless it was the sole reason you bought a TiVo, you're SOOL.

You've entertained my Sunday.

C'ya

Well if you have moved on with a new device, then why are you even participating? Although I think you answered it with your last statement. In NZ though we don't have the options like you have in Australia to move onto and boxes here are very spendy. . The Fetch box option you got in Australia potentially looks to be a good alternative, but not available in NZ.

blakamin

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#1743956 19-Mar-2017 17:58

mattwnz:

Well if you have moved on with a new device, then why are you even participating?

Because I was trying to make you see common sense and stop you wasting your time, and the time of people in the MBIE that could be actually doing something important.

Like I said, it's been fun, in a "pulling out your toenails" kind of way.

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#1743984 19-Mar-2017 18:17

the way i see it you got to counter these fact to win in TDL

1: is spark = telecom or are they different companies - you are saying you bought them from telecom, but that company no more, depending on how the split happen etc in the eye of the law you may not even have contract with spark - not a lawyer or even know the answer to that - but spark will and if apply will close you down.

2: why is a tivo not a computer, if you give the spec to a computer expert they will tell you it a computer with a tv card in it - even run on linux I think. if it a computer then CGA will give you 5 year, and it been longer than that.

3: people say it not the hardware but the service that the issue - so how long should the service last - my thought is just as long as the device hardware should be - see point 2

you got a very big hill to get over, and remember you will have some on the other side who job is to come kick people like you in to dust every day

riahon

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#1743987 19-Mar-2017 18:23

minimoke:

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.

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

Please don't tell me this is YOUR argument.

I have put in bold what you are clear about, but underlined where you are not.

If you believe that the T&Cs (which you don't have in front of you but have been provided by at least 3 people on this thread) are not correct, and Telecom could not opt out of their obligation to provide the Tivo service, then I wish you all the best. It has been an interesting chat and has made me realise, the earth is probably flat.

mattwnz

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#1743994 19-Mar-2017 18:40

bagheera:

2: why is a tivo not a computer, if you give the spec to a computer expert they will tell you it a computer with a tv card in it - even run on linux I think. if it a computer then CGA will give you 5 year, and it been longer than that.

A tivo is a purpose built PVR, which IMO is more similar to a VHS, DVD recorder etc, as well as being a freeview type settop box for a TV. So I would think that it would fall under that classification, and not as a Personal computer (eg laptop). It doesn't have a keyboard, a mouse etc, and it can't be used as a computer to install software on, as it is a totally closed system. Potentially it could be hacked to do that, although not sure about whetehr it has any inputs for a keyboard, but potentially so could a fridge

Using the argument that it is a computer though, many things could be classed as 'computers'. Even modern cars and fridges. Should a fridge with a touch screen and an internet browser built in, which is more like a PC, be classed as a computer under the CGA. Maybe that is why they put computers in them so they only have to last 5 years?

I think this is also potentially a case where the laws haven't kept up with technology changes.

Spark is just a name change for telecom as far as I am aware.

Stu

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#1743997 19-Mar-2017 18:48

Whilst I would love to find a way to keep our four TiVo boxes, and my parents' single TiVo, running after the end of October, I won't be holding my breath. I'm not bothered with finger-pointing either. It is what it is. It sucks, but not unexpected. It's not the end of the world. I certainly have more important things to worry about and that's exactly what I'll be doing.

Each to their own, though. Both sides of the fence need to understand that not everyone will agree with their views, and to just leave people to follow their own path.

People often mistake me for an adult because of my age.

Keep calm, and carry on posting.

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