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Online & Mobile Terms

ONLINE AND MOBILE SERVICE TERMS

A. GENERAL

1. APPLICABILITY

1.1 Applicability: These terms and conditions apply to your use of the services provided through the SKY website, as well as the services provided through any mobile, tablet or smart TV app, or other applications or voice activated skills provided by SKY Network Television Limited ("SKY", "we", "us", "our") and SKY's Text to Book Service (together, the "Online and Mobile Services"). Depending on which services you are using, different parts of these terms and conditions may apply, as follows:

(a) These General Terms in Part A apply to all Online and Mobile Services, and your use of any of them;

(b) The Online Service Terms in Part B below (as well as, where applicable, SKY's Domestic Subscription Terms, the Website Terms and SKY’s Privacy Policy) apply to your use of the services made available by (or through) SKY on the SKY website, and via the SKY GO and SKY Sport Highlights Apps, including SKY’s online account service, upgrade service, remote record service, remote pay per view service, SKY GO service and the SKY Sport Highlights service (together the "Online Services");

(c) The SKY App Terms and Conditions in Part C below also apply to your use of any mobile, tablet, or smart TV app, or other applications or voice activated skills provided by SKY including the SKY TV App for mobile devices, the SKY GO App, the SKY Sport Highlights App,  the SKY Perks App, and the SKY TV Alexa skill (together, the "SKY Apps"); and

(d) The Text to Book Service Terms in Part D below apply to your use of the Text to Book Service.

It is important that you accept all of these terms and conditions, even if you only intend to use some of the services described below. If you do not agree to these terms and conditions, as well as (as applicable) SKY's Domestic Subscription Terms, the Website Terms or SKY’s Privacy Policy, do not use the Online Services, the SKY Apps or the Text to Book Service.

2. INFORMATION

2.1 When you use the Online and Mobile Services, you consent to SKY (either directly, via its service providers or otherwise) collecting information about you, your household and the way you use the Online and Mobile Services (including but not limited to your name, details of your subscription and your device, information about what Online and Mobile Services you use, when and how you use them, and how you communicate with us and others about the Online and Mobile 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 Online and Mobile Services 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 various credit information, including positive credit 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) to make it identifiable.

2.2 You acknowledge and agree that such information may be held and used by us both before and after termination of your SKY subscription, if any, (and we may continue to contact you for a period after termination as permitted by applicable law) but only for so long as we are legally entitled to.  We collect and treat personal information in accordance with the Privacy Act 1993.  More details about when we collect personal information, what we collect, and what we do with it, can be found in our Privacy Policy, which is available at sky.co.nz/privacy-statement.  To request access to or correction of your personal information, please contact SKY at PO Box 9059, Newmarket, Auckland.

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 some or all of the Online and Mobile 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. THIRD PARTY SUPPLIERS OF SKY SERVICE

3.1 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 Online and Mobile Services (or their functionalities). Please see the terms and conditions below or refer to your supplier for further details.

4. CHANGES TO THESE TERMS AND LIABILITY

4.1 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.

4.2 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 Online and Mobile Services;

(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 Online and Mobile Services and your device or other material on your device;

(iii) any loss or damage that you or another person suffer in connection with the Online and Mobile Services that is caused by something or someone outside our reasonable control;

(iv) any data charges you incur in attempting to access the Online and Mobile Services (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 Online and Mobile Services will either (if you are a SKY customer) be included in the liability cap set out in the Domestic Terms, or (if you are not a SKY customer) $500.

5. MISCELLANEOUS

5.1 Governing Law: 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.

 

B. ONLINE SERVICE TERMS

1. GENERAL

1.1 Interpretation: In this Part B, references to clauses are references to clauses in this Part B (Online Service Terms), unless otherwise stated.

1.2 General Requirements: The Online Services are not available to everyone. To use the Online Services you must:

(a) be either: (i) the account holder of a SKY account; or (ii) somebody who resides at the registered address of the SKY account holder and who has the account holder's express permission to use the Online Services on the account holder's behalf;

(b) be registered for My Account;

(c) provide either: (i) the smart card identification number of your Set-Top Box; or (ii) your SKY account number;

(d) provide your/the account holder's date of birth (as held by SKY), your user name and password;

(e) be at least 18 years of age, and have accepted these online service terms; and

(f) provide any other information required by SKY from time to time.

1.3 Specific Requirements: Certain Online Services may require further information or have further conditions of use. SKY will notify you on this website of any specific requirements for the Online Services.

1.4 Responsibility for use: If you are the account holder, you agree to be responsible for the actions of all third parties who use the Online Services in connection with your SKY account, including for any breaches of these Online Service Terms, and for all relevant charges and fees incurred by such third parties.

1.5 Information: In using SKY’s Online Services you agree that all of the information you provide to SKY will be complete, current and accurate.

1.6 Cancellation: SKY reserves the right to cancel or suspend any of the Online Services at any time, or to transfer the provision of such services to any company, firm or person.  If such a cancellation, suspension or transfer materially disadvantages a significant portion of customers that use the Online Services, then SKY will allow you to terminate your subscription to SKY without incurring any termination fees.

1.7 Access: SKY reserves the right to restrict or terminate your access to any of the Online Services if you (or any other person(s) using your account) use(s) any of the Online Services for an illegal or improper purpose, or any purpose contrary to these online service terms, the Website Terms, the Privacy Policy or SKY's Domestic Subscription Terms.

2. ONLINE ACCOUNT SERVICE TERMS

2.1 Online Account Service: The online account service is a free service that allows SKY account holders to view their account information (including billing information), elect to receive their monthly SKY bill by email, and make credit card payments online (the "Online Account Service"). Your use of the Online Account Service is subject to the following terms and conditions.

2.2 Third Party Suppliers of the SKY Service: If you receive your SKY service from a company other than SKY (for example, a SKY reseller or a SKY retransmission partner) then you will not be able to use the Online Account Service. Please contact your third party supplier if you wish to obtain your account details or make payments.

2.3 Your warranties: By using the Online Account Service, you represent and warrant that the SKY account you are accessing is registered in your name or that you have the express permission of the SKY account holder to access this information about that account and use the Online Account Service in connection with that account. If you are using a credit card to process a transaction, you represent and warrant that the credit card is issued in your name and that you will pay all charges incurred through the use of the Online Account Service.

2.4 Receiving your SKY bill by email: If you use the Online Account Service to elect to receive your SKY bill by email, you agree to SKY sending all future bills and notices of direct debit amounts (if you have established a direct debit authority) to either the email address associated with your SKY account, or the email address associated with your My Account and you accept that, starting from the next billing cycle, you will no longer receive paper bills or notices of direct debit from SKY (if applicable). SKY accepts no responsibility for emailed bills or direct debit notices that are late, misdirected, lost, or that are not received due to circumstances outside SKY's reasonable control. You are responsible for notifying SKY of any changes to your email address, for notifying us if you do not receive your SKY bill, and for ensuring that you check your junk mail folder and any other folders in your inbox to retrieve your SKY bill.

2.5 Access by third parties: By using the Online Account Service you will be able to access personal information about the SKY account that you have linked your My Account to, including billing information. You are responsible for ensuring that nobody other than the account holder or persons authorised by the account holder accesses or uses the Online Account Service.

2.6 Security: The Online Account Service is provided through a secure website. However, you acknowledge and agree that Internet transmissions are never entirely secure or private, and that any message or information you send to or through or receive from the website (including credit card information) may be read or intercepted by others, even where a website is stated as being secure. SKY has no liability for the access of data through SKY’s website by unauthorised third parties (except where such access was caused by our fraud or negligence). You must tell us immediately if you believe an unauthorised third party may have access to your account.   

2.7 Accuracy of transaction information: Upon completing a payment transaction using the Online Account Service, you will be presented with a confirmation screen verifying the transaction details processed. It is your responsibility to verify that all transaction, credit card/account information and other details are correct. You should print the transaction confirmation for future reference and your files. SKY has no liability for transactions which are incorrect as a result of inaccurate data entry or for loss of data or information caused by factors outside of SKY’s control.

2.8 Your acknowledgements: In using the Online Account Service, you acknowledge and agree that SKY cannot guarantee that the information that you access (including the on-screen account balance) will be up-to-date or accurate.

2.9 Availability: SKY does not guarantee that the Online Account Service (and the information provided through it) will always be available or error free. In particular, the Online Account Service will not be available during a maintenance window each day (currently 12.00am and 2.00am).

3. UPGRADE SERVICE TERMS

3.1 Upgrade Service: The Upgrade Service is a service that allows all SKY domestic subscribers who subscribe directly through SKY or through Vodafone's "SKY TV with Vodafone" service to add additional SKY channels and/or services to their SKY subscription online. SKY's Domestic Subscription Terms apply to all additional channels and/or services added to your account via the Upgrade Service.

3.2 Minimum one month period: All upgrades apply for a minimum period of one month from the date of the upgrade.

3.3 Charges: If you upgrade your subscription via the Upgrade Service, you will be advised of the additional ongoing charges that will apply for any ongoing charges that will apply for any channel or service. You agree to pay these charges.

3.4 Third Party Suppliers of SKY: If you receive your SKY service via "SKY TV with Vodafone", then any upgrades made via the Upgrade Service will be subject to Vodafone's own terms and conditions, including as to pricing. By requesting an upgrade, you warrant that you have checked and agreed to Vodafone's terms and conditions for that upgrade, including any additional ongoing charges that apply. If you receive your SKY service via another third party supplier (including all other SKY resellers and retransmission partners), then you will not be able to use the Upgrade Service.

3.5 Your warranties: In using the Upgrade Service you represent and warrant that you are the account holder or that you have authorisation from the account holder to use the Upgrade Service.

3.6 Availability: SKY does not guarantee that the Upgrade Service will always be available or error free. In particular, the Upgrade Service will not be available during a maintenance window every day (currently between 12.00am and 2.00am).

4. REMOTE RECORD SERVICE TERMS

4.1 The Service: The Remote Record Service is a free service that allows you to make requests to remotely record programmes on your SKY Box or MY SKY decoder ("Set-Top Box"), if you have the MY SKY service. By clicking on the "R" button in the TV Guide, you can send a request to your Set-Top Box to record a programme of your choice (provided that you subscribe to that programme). If your request is successful (this is not guaranteed – see clauses 4.3 and 4.4 below) the recording will appear in the planner in the menu of your Set-Top Box.

4.2 Specific Requirements: In addition to the requirements at clause 1.2 above, only MY SKY account holders are able to use the Remote Record Service.

4.3 Limitations: SKY does not guarantee that the Remote Record Service will always be available, or that a request made via this service will be successful, because:

(a) capacity, priority and recording restrictions operate on the Set-Top Boxes and this may affect your use of the Remote Record Service. See the user guide for your Set-Top Box for more details;

(b) the Remote Record Service may not operate on Apple Mac, Linux-based or non-Microsoft Windows computers;

(c) you may not subscribe to the programme you wish to record;

(d) you do not make the booking within the required time limit before the programme;

(e) 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 website, the volume of subscribers using the service or issues with the Set-Top Box.

4.4 Confirmation: Because requests are sent via satellite, SKY cannot provide you with any information about your request and whether or not it has been received. The only way to confirm your recording is by checking it in your Set-Top Box. The SKY website cannot provide information about any recording not made via this service (for example, bookings made directly onto the Set-Top Box).

5. REMOTE PAY PER VIEW SERVICE TERMS

5.1 Remote Pay Per View Service: The Remote Pay Per View Service allows all SKY domestic subscribers who subscribe directly through SKY or through Vodafone's "SKY TV with Vodafone" service to book individual programmes online and watch them at home via their SKY decoder ("Remote Pay Per View Service"). When make a booking using the Remote Pay Per View Service, a message is sent to your SKY decoder that will unlock a channel showing your selected programme for a set window of time (depending on what time you make the booking, this window may be up to 24 hours long, allowing you to view multiple screenings of the same programme). By using the Remote Pay Per View Service, you agree to the following terms and conditions.

5.2 Third party suppliers of SKY: If you receive your SKY service via "SKY TV with Vodafone", then any pay per view bookings made via the Remote Pay Per View Service will be subject to Vodafone's own terms and conditions, including as to pricing. By making a booking via the Remote Pay Per View Service, you warrant that you have checked and agreed to Vodafone's terms and conditions for that service, including any additional charges that apply. If you receive your SKY service via another third party supplier (including all other SKY resellers and retransmission partners), then you will not be able to use the Remote Pay Per View Service.

5.3 Charges: If you make a booking via the Remote Pay Per View Service, you will be advised of the charge that will apply for that booking, and that charge will immediately be debited against your SKY account. You agree to pay this charge.

5.4 Your Warranties: In using the Remote Pay Per View Service you represent and warrant that you are the account holder or that you have authorisation from the account holder to use the Remote Pay Per View Service.

5.5 Limitations: SKY does not guarantee that the Remote Pay Per View Service will always be available, or error free, or that bookings made via this service will always be successful. In particular:

(a) the Remote Pay Per View Service may not operate on Apple Mac, Linux-based or non-Microsoft Windows computers;

(b) the Remote Pay Per View Service may not be available if you do not make the booking within the required time limit before your chosen screening begins;

(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 website, the volume of subscribers using the service or issues with the decoder; and

(d) the Remote Pay Per View Service may not be available during a maintenance window every day (currently between 12.00am and 2.00am).

6. SKY GO AND SKY Sport HIGHLIGHTS TERMS

6.1 SKY GO and SKY Sport Highlights service: The SKY GO service ("SKY GO") and the SKY Sport Highlights service each allow SKY subscribers to stream certain video content ("Content") on certain devices that meet the requirements of SKY's applicable Usage Rules (available here for SKY GO and here for SKY Sport Highlights) and applicable Minimum System and Software Requirements (available here for SKY GO and here for SKY Sport Highlights), and that have been properly registered with SKY (if applicable) ("Registered Devices") while located within New Zealand, within a certain "viewing period" (as determined by SKY), and in accordance with the following terms. Some Content available on SKY GO and SKY Sport Highlights is available for no extra charge to current SKY subscribers, whilst SKY may make certain other Content available for an additional fee from time to time, as determined by SKY and notified to you at the time of purchase.

6.2 Using SKY GO and SKY Sport Highlights:

(a) In addition to the requirements set out at clause 1.2, in order to view Content via SKY GO or SKY Sports Highlights you must:

(i) Have a device and internet connection that meet requirements set out in the applicable Minimum System and Software Requirements and, where applicable, have installed the SKY GO or SKY Sport Highlights App;

(ii) Have properly registered the device with SKY through SKY GO or SKY Sport Highlights (as applicable – note SKY Sport Highlights does not operate device registration at the time of launch but reserves the right to do so in the future).  SKY may from time to time impose limitations on the number, type and specification of devices that may be registered, as set out in the relevant Usage Rules;

(iii) Otherwise comply with the relevant Usage Rules (as amended from time to time); and

(iv) Be located in New Zealand.

(b) You are responsible for arranging an internet connection at your cost from your device to SKY GO and/or SKY Sport Highlights. The volume of data consumed by streaming Content via SKY GO or SKY Sport Highlights is typically high. You are solely responsible for paying for any data charges that you incur as a result of using SKY GO and SKY Sport Highlights.

(c) You acknowledge that the performance of the streaming or playing of Content via SKY GO and SKY Sport Highlights is dependent on your internet connection, the specifications of your device, and other functions being performed by your device at the time, and that SKY will have no responsibility for poor performance of SKY GO or SKY Sport Highlights or any delay or inability to stream or play any Content due to such factors.

(d) Not all Content on SKY GO or SKY Sport Highlights is available at all times to all users. The Content that you, as an authorised SKY GO or SKY Sport Highlights user, can access for no additional charge is determined as follows

(i) All SKY GO users are able to watch "catch up" content for PRIME TV on SKYGO.co.nz; and

(ii) If you subscribe to view a certain channel via your SKY set top box or MY SKY, then you will be able to watch any "catch up" content from, and any live stream of, that channel, that is available on SKY GO.

(iii) Content on SKY Sport Highlights is currently only available to SKY customers that currently subscribe to the SKY Sport package.

(e) In addition, SKY may make additional Content available to users from time to time at SKY's sole discretion. Additional terms and/or additional fees may apply to such additional Content, and if you receive your SKY service through a SKY reseller or retransmission partner, you may not be able to access some or all of such additional content.

6.3 Content:

(a) SKY may determine in its sole discretion what Content it makes available via the SKY GO and SKY Sport Highlights services, and the viewing period that applies to the Content.  If we make a major change to the Content that is likely to be materially detrimental to a significant portion of users of the Online and Mobile Services (eg if we removed all sports content and replaced it with cooking content), we will give as much notice of the change as we reasonably can in the circumstances, and allow you to terminate your SKY subscription without incurring any early termination fees.

(b) The Content, features and functionality available on SKYGO.co.nz may be different to the Content, features and functionality available on the SKY GO App. In relation to any live streaming channels offered via SKY GO, the SKY GO service may not include all programmes included on a channel. When we are not able to provide certain Content on a live streaming channel, we will "blackout" that content. While we will try to minimise blackouts on SKY GO, the number and length of such blackouts will vary from time to time.

(c) Content classifications will be available for Content available on SKY GO. You accept full responsibility for reviewing all classification information supplied for each piece of Content for the purpose of informing, and where appropriate safeguarding, other viewers of the Content. Where children or young people view Content via the SKY GO website, the account holder is responsible for making sure that the Content is suitable for them. SKY GO provides a SKY GO Pin to manage access to Content based on its classification (which can be managed via My Account).

(d) The SKY GO and SKY Sport Highlights service may contain third party information, including advertising, marketing materials, images, editorial commentary and links to third party websites. We do not endorse such content and are not responsible for any reliance that you place on any of this content.

(e) When you use SKY GO or SKY Sport Highlights, you are granted a non-exclusive, non-transferable, limited licence to view the Content on your Registered Device (if applicable – note SKY Sport Highlights does not operate device registration at the time of launch, but reserves the right to do so in the future) for your personal, non-commercial viewing once or repeatedly, and with the ability to "play", "pause", and "skip" such viewing (where such functionality is offered for that Content), within the viewing period and in accordance with the relevant Usage Rules only. Except for such licence, no right, title or interest in such Content is given or granted to you.

(f) All copyright, trade marks and all other intellectual property rights in all material or Content supplied as part of SKY GO and SKY Sport Highlights remains at all times vested in SKY or SKY’s licensors. You are permitted to use this material or Content only according to these terms and conditions. You will not, and you will not assist or facilitate any third party to:

(i) copy, reproduce, transmit, distribute, frame, commercially exploit or create derivative works of such material or Content, including but not limited to any unauthorised peer to peer file-sharing and the facilitating of such activities through hosted websites and services;

(ii) engage in activities that infringe intellectual property rights owned or controlled by SKY’s licensors, including, without limitation, the unauthorized reproduction, making available, or distribution of the material or content via unauthorized posting, unauthorized streaming, making available, uploading or downloading; or

(iii) facilitate any of the above activities through subscriber hosted websites and services.

(g) If you become aware of any such unauthorised exploitation of the content or other material supplied as part of SKY GO or SKY Sport Highlights, you agree to notify SKY immediately and to provide all reasonable assistance to SKY to stop and/or prevent such activity.

(h) In using SKY GO or SKY Sport Highlights, you must not, and you must not allow others to:

(i) display or make the Content available in any public place;

(ii) distribute, transmit or resupply the Content to any person;

(iii) transfer the Content from your Registered Device to any other device;

(iv) copy, edit, modify, reproduce, create derivative works from, alter or adapt the Content or any portion thereof (including without limitation by "burning", P2P file-sharing, posting, uploading or downloading), or breach any copyright in the Content;

(v) use the Content for any commercial purposes;

(vi) attempt to damage, interfere or harm SKY GO or SKY Sport Highlights or any associated website, or any network or system underlying or connected to them, including by using a robot, spider, scraper or other automated means to access SKY GO or SKY Sport Highlights or information featured on it for any purpose;

(vii) attempt to circumvent, avoid, bypass, remove, deactivate, impair or otherwise defeat any encryption, rights signalling or copy protection technology in which the Content is wrapped or otherwise associated;

(viii) breach these terms and conditions, the applicable Usage Rules or any of the terms contained in the documents listed in Part A;

(ix) cause us to breach the law or incur a liability to any person;

(x) adversely affect our reputation or brand;

(xi) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of any material;

(xii) collect or store personal information about other users;

(xiii) breach a law or engage in any illegal activities; or

(xiv) disclose your SKY GO Pin to any person other than somebody who resides at the registered address of the SKY account holder and who has the account holder's express permission to use the Online Services on the account holder's behalf.

6.4 Fees and payment:

(a) There will be no charge in addition to your SKY subscription fees for accessing SKY GO or SKY Sport Highlights unless otherwise indicated. Applicable Fees for Content ("Fees") will be indicated at the point of accessing that Content. Fees are subject to change without notice. You should check the Fees before each time you use SKY GO or SKY Sport Highlights. All applicable fees are GST inclusive, unless otherwise stated.

(b) Fees will be billed and charged to your nominated credit card. We accept Mastercard and Visa cards only. The card you advise us to charge your Fees to must be a valid credit card which you are authorised to use. You are responsible for ensuring that all transactions, credit card and other details are correct.

(c) You agree that we may charge all applicable Fees to your nominated credit card, that we may disclose your credit card details to, and obtain information from, any financial institution or credit card issuer to verify the credit card details, and that we may take steps to verify that there is sufficient credit on your credit card account to meet the Fees due.

(d) Unless otherwise stated, special offers made in relation to your SKY subscription may not be applied to SKY GO or SKY Sport Highlights.

6.5 Your warranties: By using the SKY GO or SKY Sport Highlights service, you warrant that you are the account holder, or that you reside at the same address as the account holder and you have the account holder's express permission to use SKY GO or SKY Sport Highlights (as applicable) on the account holder's behalf, including to incur any Fees.

6.6 Security: SKY does its best to ensure that SKY GO and SKY Sport Highlights, and the systems in SKY's control that are used to access them are secure. However, as the internet can sometimes be unreliable, SKY does not guarantee or accept liability for the security of SKY GO or SKY Sport Highlights, the systems (including the internet and your hardware and software) that are used to access them, or any information that passes through such systems.

6.7 Limitations:

(a) SKY does not guarantee that SKY GO and SKY Sport Highlights will always be available, or error free, or that requests to view Content will always be successful.

(b) In addition, you may not be able to access SKY GO or SKY Sport Highlights if your network configuration prohibits you from streaming video content (for example, if your firewall or filtering mechanisms prevent access to certain websites or file types).

(c) On occasion, technical problems with SKY GO or SKY Sport Highlights may delay or prevent the streaming of Content to your device. SKY will only provide a remedy in such circumstances if you have paid an additional fee to view the affected Content, the cause of the problem is a technical issue with SKY GO or SKY Sport Highlights (and not some other cause including a failure by you to maintain the minimum requirements or registration for your device or some problem with your internet connection) and the streaming of such Content is not able to be completed within a reasonable period. SKY will either resupply such content to you at no extra charge, or refund you the price of the Content. SKY will not refund you for any data charges you may have incurred in attempting to access the content.

 

C. SKY APP TERMS AND CONDITIONS

1. SKY APP GENERAL TERMS OF USE

1.1 Ownership: The SKY Apps are owned and operated by SKY Network Television Limited ("SKY").

1.2 New Zealand Only:  You may only use the SKY Apps in New Zealand.

1.3 Applicability: Your use of the SKY Apps is subject to the terms and conditions in this Part C (as well as, where relevant, SKY's Domestic Subscription Terms, Privacy Policy, Website Terms of Use and Online and Mobile Service Terms). If you do not agree to the terms and conditions of this Part C, or (as applicable) SKY's Domestic Subscription Terms, Privacy Policy, Website Terms of Use and Online and Mobile Service Terms, please do not use the SKY Apps.

1.4 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 website@skytv.co.nz).

1.5 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.

1.6 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.

1.7 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 your SKY Box and you agree to pay those charges.

1.8 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.

1.9 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.

1.10 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 decoders 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 decoder.

1.11 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 decoder. 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 decoder).

1.12 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.

1.13 Cancellation and Amendment: SKY may cancel or suspend the operation of the SKY Apps at any time, or transfer the provision of services via the SKY Apps to another company, firm or person without notification to you.  If such a cancellation, suspension or transfer materially disadvantages a significant portion of SKY customers, then (if you are a SKY customer) SKY will allow you to terminate your subscription to SKY without incurring any termination fees.  SKY may also restrict or terminate your access to or use of the SKY Apps if you use the SKY Apps for an illegal or improper purpose, or any purpose contrary to these Terms and Conditions, or SKY's Domestic Subscription Terms, Privacy Policy, Website Terms of Use or Online and Mobile Service Terms (to the extent they apply to you).

1.14 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.

1.15 Additional terms for iOS users: Where you download a SKY App for iOS, additional terms imposed by Apple apply to your use of the SKY App. You can view a copy of these additional terms at sky.co.nz/additional-terms-for-ios.

2. SPECIFIC TERMS FOR SKY PERKS APP

2.1 Application:  This clause 2 of Part C 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 direct domestic subscribers and their households to thank you for being a SKY subscriber.

2.2 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.

2.3 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.

2.4 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.

2.5 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.

 

D. TEXT TO BOOK SERVICE TERMS

1. APPLICABILITY

1.1 Applicability: These Text to Book Service Terms (as well as SKY's Domestic Subscription Terms and Privacy Policy) apply to your use of the "Text to Book Service", a service which enables certain SKY Domestic Subscribers to book certain pay-per-view programmes on SKY Arena and SKY Box Office, by sending a SMS message to SKY.

If you do not agree to these Text to Book Service Terms, as well as SKY's Online and Mobile Service Terms,  Domestic Subscription Terms and Privacy Policy, do not use the Text to Book Service.

1.2 Third party suppliers: If you subscribe to SKY via a SKY reseller or retransmission partner, you may not be able to use the Text to Book Service – please contact your service provider for further details. In particular, the Text to Book Service will not work for customers who receive their SKY Service via Vodafone's "Vodafone TV" service.

2. GENERAL

2.1 General Requirements: The Text to Book Service is not available to everyone. To use the Text to Book Service you must:

(a) be the account holder of a SKY account, or have the account holder's express permission to use the Text to Book Service on the account holder's behalf;

(b) be registered for the Text to Book Service (this requires you to have your mobile telephone number registered against your SKY account), and not have opted out of receiving SMS messages from SKY;

(c) be at least 18 years of age, and have accepted these Text to Book Service terms; and

(d) provide any other information required by SKY from time to time.

2.2 Responsibility for use: If you are the account holder, you agree to be responsible for the actions of all third parties who use the Text to Book Service in connection with your SKY account, including for any breaches of these Text to Book Service terms, and for all relevant charges and fees incurred by such third parties.

2.3 Information: In subscribing to and using the Text to Book Service you agree that all of the information you provide to SKY (including the mobile telephone number used in connection with the Text to Book Service) will be complete, current and accurate. It is your responsibility to keep SKY informed of any change to such information.

2.4 Cancellation: SKY reserves the right to cancel or suspend any of the Text to Book Service at any time, or to transfer the provision of such services to any company, firm or person without notification to you.

2.5 Access: SKY reserves the right to restrict or terminate your access to the Text to Book Service if you use any of the Text to Book Service for an illegal or improper purpose, or any purpose contrary to these Text to Book Service terms, the Online and Mobile Service Terms or the Domestic Subscription Terms.

2.6 Permission to send you SMS messages: By subscribing to and/or using the Text to Book Service, you consent to receiving SMS messages from SKY in relation to the Text to Book Service, including SMS booking offers, as defined below.

3. TEXT TO BOOK SERVICE

3.1 How the Text to Book Service works:

(a) Once you are subscribed to the Text to Book Service, SKY will send you SMS messages from time to time inviting you to book a pay per view programme ("SMS booking offer").

(b) You can make a booking via the Text to Book Service by either responding to a SMS booking offer, or by sending a SMS message (from the mobile telephone number registered with SKY) to SKY on the number advised by SKY from time to time, and containing certain set information in a set format (as advised by SKY).

(c) When you make a booking using the Text to Book Service, a signal is sent to your SKY decoder that will unlock a channel showing your selected programme for a set window of time (depending on what time you make the booking, this window may be up to 24 hours long, allowing you to view multiple screenings of the same programme).

(d) Subject to clause 3.6 of this Part D, if you successfully make a booking via the Text to Book Service, SKY will use reasonable endeavours to confirm the booking by sending you another SMS message. If SKY receives your booking request, but cannot make the PPV booking for any reason, SKY will use reasonable endeavours to send you a SMS message explaining that the booking could not be made, and why.

(e) SMS messages between you and SKY as part of the Text to Book Services will be sent at no cost to you (so long as you are located in New Zealand at the time of messaging). If you are outside New Zealand, the Text to Book Service either may not function, or you may incur additional messaging charges.

3.2 Subscribing to the Text to Book Service: You may subscribe to the Text to Book Service either on the SKY website (you will need to sign in to My Account), or by telephoning our customer service centre. SKY may also automatically subscribe you to the Text to Book Service from time to time, if you have not opted out of receiving SMS messages from SKY.

3.3 Unsubscribing from the Text to Book Service: You may unsubscribe from the Text to Book Service at any time by using the "unsubscribe" facility on a text message related to the Text to Book Service that you receive from SKY, on the SKY website (you will need to sign in to My Account), or by telephoning our customer service centre. Once you are unsubscribed from the Text to Book Service, you will no longer receive related SMS messages from SKY and will not be able to use the Text to Book Service without resubscribing.

3.4 Charges: If you make a booking via the Text to Book Service, you will be advised of the charge that will apply for that booking, and that charge will immediately be debited against your SKY account. You agree to pay this charge.

3.5 Your Warranties: In using the Text to Book Service, and in relation to each booking made via that service, you represent and warrant that you are the account holder or that you have authorisation from the account holder to use the Text to Book Service.

3.6 Limitations: SKY does not guarantee that the Text to Book Service will always be available, or error free, or that bookings made via this service will always be successful. In particular (but without limiting the foregoing sentence):

(a) the Text to Book Service may not be available if you do not make the booking within the required time limit before your chosen screening begins;

(b) 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 website, the volume of subscribers using the service or issues with the decoder;

(c) The mobile telephone number that you use to make a booking on the Text to Book Service must be the same mobile telephone number that you have registered with SKY;

(d) the Text to Book Service may not be available where the relevant SKY account is overdue; and

(e) the Text to Book Service may not be available during scheduled outages and maintenance windows.