2.1 When you use the SKY Apps, you consent to SKY (either directly, via its service providers or otherwise) collecting information about you, your household and the way you use the SKY Apps (including but not limited to your name, details of your subscription and your device, information about what services you use, when and how you use them, and how you communicate with us and others about our services including via direct feedback, social media, or our customer service centre). This information is collected, held and used by SKY, and may be disclosed to third parties for the purposes of:
(a) communicating with you and your household (by telephone, post, email, text, in-app message, push notification or otherwise) regarding our and/or third party services and to seek your feedback on those services;
(b) responding to claims or complaints made by you or any member of your household;
(c) cooperating with Government, regulatory or industry authorities;
(d) providing you with the SKY Apps and any other products or services that you receive from us, including by cooperating and sharing information with our resellers and providers of services that are bundled with ours;
(e) running and administering promotions and competitions;
(f) marketing and promoting our and/or third party products and services to you and your household, including by targeting advertising (eg to ensure that people viewing our advertisements and any third party advertisements on our services are receiving advertisements that may be relevant to them);
(g) allowing you to view information about your account and your use of our products and services;
(h) monitoring (and enforcing) compliance with the law and applicable terms and conditions;
(i) improving and optimising our service offerings, market research, generating and providing statistical analysis and rating information; and
(j) credit and risk assessment and management, identity verification, and debt collection (which includes providing carious credit information, including positive cretid information, and information about overdue debts and/or liquidated damages you owe us, to credit reference agencies).
From time to time, we may collect some of the above information in a form that does not identify you, and later combine it with other information (eg your account details, if you are a SKY customer) to make it identifiable.
2.3 You may opt out of receiving commercial electronic messages from us by using the unsubscribe facility we provide in the message. As the database we operate for SKY-branded services is separate to the databases we operate for other (stand-alone) services, you agree that in some cases you may need to opt out of our individual databases separately (and in order to stop receiving commercial electronic messages from us altogether, you may need to opt out more than once). If you opt in to location tracking or allow push notifications on any of the Sky Apps, you may need to opt out by either updating your device settings or (if your device uses an older operating system) uninstalling and reinstalling the relevant app. Subject to the remainder of this clause, we will handle opt out requests in accordance with the Unsolicited Electronic Messages Act 2007.
3. OWNERSHIP AND USE OF SKY APPS
3.1 Ownership: The SKY Apps are owned and operated by SKY.
3.2 New Zealand only: You may only use the SKY Apps in New Zealand.
3.3 Programme listings: In relation to any programme listing information on the SKY Apps, you may not remove, copy or extract any of the programme listing information by any automated or other means or exhibit, permit or facilitate the viewing or playing of any or all of the programme listing information in a public area or via the internet or any other means of communication. You may only view (or where applicable, listen to) the programme listing information for your own private use. If you wish to make commercial use of the programme listing information you must obtain a separate licence (please contact SKY at email@example.com).
3.4 Requirements: You do not need to be a SKY subscriber in order to download the SKY Apps. However, in order to use some or all of the functions of some of the SKY Apps you must subscribe to a SKY service and register for My Account. You will also need to ensure that your My Account is connected to your SKY account. In addition, some functions of the SKY Apps may only operate if you subscribe to a particular SKY Service (eg remote record functionality on the SKY TV App will generally only work if you subscribe to the MY SKY service). More information on registering for My Account and linking your accounts is available by signing in.
3.5 Compatible devices: The SKY Apps are only compatible with some devices, which meet certain minimum requirements, as set out on our website or in the app store profile for the relevant SKY App. In addition, the performance of the SKY Apps may vary depending on your device's specifications and your internet connection.
3.6 Costs: Any costs associated with downloading, installing, accessing, and using the SKY Apps (including data charges) are your responsibility. If you use any remote record function on the SKY Apps to record a pay-per-view programme, pay-per-view charges will be debited against your SKY account when you or a person in your household plays the recorded programme on SKY Box and you agree to pay those charges.
3.7 Responsibility: You are entirely responsible for maintaining the security of the SKY Apps, and all associated accounts and passwords, and for all activity which occurs on or through the SKY Apps that is associated with your username and password, whether authorised or unauthorised. You should change your password immediately if you believe that your account has been used without authorisation. SKY shall not have any liability for your failure to comply with these obligations.
3.8 Manner of use: In your use of the SKY Apps, you agree to comply with all applicable laws, and not to do anything that may cause undue inconvenience, disruption or offence to SKY, or that may affect the security or operation of this service or any network or system underlying or connected to them (including without limitation, by using a robot, spider, scraper or other automated means to access the SKY Apps, or any feature on them, for any purpose). You warrant that any information you provide to SKY in connection with the SKY Apps will be current, true, accurate, supportable and complete.
3.9 Limitations: SKY makes no guarantees that the SKY Apps will be available, uninterrupted, secure or error free, or that defects will be corrected. In particular (but without limiting the previous sentence), SKY does not guarantee that any remote record functionality available on the SKY Apps will always be available, or that a request made via the service will be successful, because:
(a) capacity, priority and recording restrictions operate on SKY Boxes and this may affect your use of the remote record functionality. See your user guide for more details;
(b) you must first subscribe to the programme you wish to record;
(c) technical or other external factors may cause problems, including adverse weather or atmospheric conditions, incorrect dish alignment, satellite issues (including capacity restraints), problems with the SKY Apps or the SKY website, the volume of subscribers using the service, or there may be issues with your SKY Box.
3.10 Confirmation: Because requests are sent by satellite, SKY cannot provide you with any information about any remote record requests that you make via the SKY Apps, and whether or not such requests have been received. The only way to confirm your remote record requests is by checking your SKY Box. The SKY Apps that provide remote record functionality cannot provide information about any recording not made via the relevant SKY App (for example bookings made via the SKY website, SKYGO.co.nz or directly through the SKY Box).
3.11 Trade marks: Trade marks contained in the SKY Apps are either owned or licensed by SKY. Any unauthorised use of these trade marks is prohibited.
3.13 Licence and manner of use: When you download one of the SKY Apps, SKY grants you a limited, revocable, non-exclusive and non-transferable licence to use a single copy of the app on a single device for your personal, domestic or household purposes only. You must not copy, distribute, modify, reverse-engineer or decompile, create derivative works of, or interfere with the operation of, any of the SKY Apps.
4. THIRD PARTY SUPPLIERS OF SKY SERVICE
4.1 If you receive your SKY service from a company other than SKY (for example, a SKY reseller or a SKY retransmission partner), you may not be able to use some or all of the SKY Apps (or the functionality of the SKY Apps). Please see the terms and conditions below or refer to your supplier for further details.
5. CHANGES TO THESE TERMS AND LIABILITY
5.1 Changes to these terms: SKY may amend these terms and conditions from time to time by notice to you or by putting a notice on our website, provided that if we change these terms and conditions in a way that materially disadvantages a significant portion of SKY customers, then (if you are a SKY subscriber) SKY will allow you to terminate your subscription to SKY without incurring any termination fees.
5.2 Liability: Nothing in these terms and conditions affects the rights that you have under the Consumer Guarantees Act 1993 or Fair Trading Act 1986. However, apart from rights you have under applicable law that cannot be legally excluded:
(a) we do not make any guarantees or promises about the Sky Apps;
(b) we will not be responsible for:
(i) any loss of data or damage caused by viruses, bugs, trojans or other malicious code;
(ii) any incompatibility between the Sky Apps and your device or other material on your device;
(iii) any loss or damage that you or another person suffer in connection with the Sky Apps that is caused by something or someone outside our reasonable control;
(iv) any data charges you incur in attempting to access the Sky Apps (including when they are unavailable);
(v) any damage or loss that you or another person suffer that is caused by you or a third party, or by your failure to take reasonable steps to avoid or minimise your loss; or
(vi) any other loss or damage that is not reasonably foreseeable; and
(c) our total liability to you (and your liability to us) that is directly or indirectly related to these terms and conditions or the Sky Apps will either be (if you are a SKY customer) included in the liability cap set out in SKY's Domestic Terms, or (if you are not a SKY customer) $500.
6. GOVERNING LAW
6.1 These terms and conditions are governed by the laws of New Zealand and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of New Zealand.
7. SPECIFIC TERMS FOR SKY PERKS APP
7.1 Application: This clause 7 applies to you if you download or use the SKY Perks App. The SKY Perks App makes available special deals for various goods and services from time to time ("Offers") from third party merchants ("Merchant") to SKY subscribers and their households to thank you for being a SKY subscriber.
7.2 Household users: If you invite other people to become "household members" on your account in the SKY Perks App, you must make sure that: (a) those people are members of your household; and (b) those people are aware of and agree to these Online and Mobile Service Terms.
7.3 Offers: Offers advertised on the SKY Perks App are made by the supplier of that Offer ("Merchant"), and not by SKY. SKY does not warrant, endorse or make any representations about Offers, Merchants or related goods and services. SKY does not take any responsibility for the content of, or any inaccuracies or omissions in, an Offer.
7.4 Taking up an Offer: Instructions for how to take up an Offer can be viewed in the SKY Perks App. In some cases you will be redirected to a third party website to take up the Offer, in which case SKY takes no responsibility for the functionality, content or security of that third party website. If you purchase the goods or services advertised in an Offer, you will purchase those goods or services directly from the Merchant, and the Merchant (not SKY) will be solely responsible for providing those goods and services to you. SKY may (but does not always) receive a commission in relation to goods or services purchased in response to an Offer.
7.5 Terms of Offers: All Offers are for a limited time only, and are subject to availability and the terms and conditions set out in the Offer. For more information about an Offer, please contact the relevant Merchant.