Terms and Conditions - Family First TV

Terms and Conditions

  1. Introduction
    1. Our Service
      1. Good TV Limited  ("Good TV" "we", "us" or "our") is a provider  of films, television programmes and other audio visual content ("Content").  We make this content available from time to time for streaming to Approved Streaming Devices (as listed in clause 3.1) within New Zealand and Australia via our pay-per-view (PPV) streaming service:
    2. Website
      1. You can access the Streaming Services, and manage your use of them, via the GoodTV website at www.goodtv.co or the site through which you first registered. ("Website"). The options and pricing for the Streaming Services are set out on the Pricing page of the Website ("Pricing Webpage").
    3. Access
      1. Your access to the Streaming Services is subject to you:
      2. becoming a Member in accordance with clause 2; and
      3. agreeing to these terms and conditions ("Terms and Conditions"); and
      4. a fee for one off Content transactions ("Transaction Fee"), which includes purchasing Content using the PPV Streaming Service.
    4. Terms and Conditions
      1. These Terms and Conditions apply to your use of the Services, the Website and Interfaces (as defined in clause 7.1).
      2. You should read these Terms and Conditions before using the Streaming Services. These Terms and Conditions as updated from time to time will apply to your use of the Streaming Services, the Interfaces and access to the Website.
    5. Changes to Terms and Conditions
      1. We can, at our sole discretion, change these Terms and Conditions at any time, with or without notice to you.
      2. We may notify you, by email to the email address you provide us on sign up, of any updates to these Terms and Conditions. If we do this, you may cancel the Streaming Service in accordance with clause 6.1.
      3. The most current version of the Terms and Conditions published on the Website will apply from the time of publication and supersedes and replaces all previous versions. You can review the current Terms and Conditions by clicking on the "Terms and Conditions" hyperlink located at the bottom of each page of the Website.
  2.  Eligibility to be a Service User
    1. To be a Good TV ("Member") you must be located in New Zealand, be at least 18 years of age and have a valid email address that you provide to us and keep current.
    2. To be a user of the Streaming Services ("Service User") you must be a Member and have a valid credit/debit card or PayPal account with a New Zealand residential billing address that you provide to us and keep current.
    3. Service Users may use one or more of the Streaming Services in accordance with these Terms and Conditions.
  3. Service Details
    1. Access to PPV Streaming Service Content
      1. Subject to availability, the PPV Streaming Service Content will be made available to you to start watching on one or more of the following types of internet protocol enabled devices ("PPV Approved Streaming Devices"):
      2. laptop and desktop computers; and
      3. such other devices as are listed on the Website from time to time, immediately from when you have successfully paid for the Content (subject to clause 3.5 below). Content will only be made available to you for 48 hours following purchase. You may only watch content on ONE approved device at any one time.
      4. You acknowledge that the PPV Streaming Service may not work on all PPV Approved Streaming Devices that fall within the list of device types set out in clause 3.2.1. You are responsible for ensuring that you are able to access the PPV Streaming Service through your individual PPV Approved Streaming Device(s).
      5. The PPV Streaming Service Content may vary from day to day.
      6. The PPV Streaming Service is only available to Service Users who are located in New Zealand or Australia. Good TV employs geo-filtering technology and therefore if you are located outside of New Zealand or Australia you will not be able to access Content via the PPV Streaming Service, including Content you have already ordered or previously owned.
    2. Access to Content on Streaming Purchased Titles Service
      1. Subject to availability, the Streaming Purchased Titles Service can be accessed, from time to time, through the Approved Streaming Devices.
      2. You acknowledge that Streaming Purchased Titles Service may not work on all Approved Streaming Devices that fall within the list of device types set out in clause 3.1.1 above. You are responsible for ensuring that you are able to access the Streaming Purchased Titles Service through your individual Approved Streaming Devices.
      3. The Content available through Streaming Purchased Titles Service may differ from the PPV Streaming Service.
      4. The Content available through the Streaming Purchased Titles Service may vary from day to day.
      5. Streaming Purchased Titles Service is only available to Service Users who are located in New Zealand or Australia. Good TV employs geo-filtering technology and therefore if you are located outside of New Zealand or Australia you will not be able to access Content via the Streaming Purchased Titles Service, including Content you have already purchased.
      6. The distribution and use of Content available on the Streaming Purchased Titles Service does not transfer to you or any other person any commercial or promotional use rights or any intellectual property rights in such Content.
      7. When you purchase Content from the Streaming Purchased Titles Service, Good TV will grant you a licence on the following terms "Minimum Terms" set out in clause 3.3.1 to stream the purchased Content through Streaming Purchased Titles Service during the period commencing from your payment of the licence fee when you complete your purchase from Good TV. This licence is not transferable by you to anyone else and is subject to your compliance with these Terms and Conditions including the Usage Rules.
      8. Streaming Purchased Titles Service requires the ongoing provision of streaming services by Good TV and a licence from the relevant Content provider. You acknowledge that if:
      9. you cease using Streaming Purchased Titles Service; or
      10. the person from whom Good TV licenses the Content requires Good TV to withdraw that Content and cease continuing to stream it; you may not be able to continue to stream some of the Content you purchased through Streaming Purchased Titles Service and, to the full extent permitted by law, in that event Good TV will not have any liability to you.
    3. Minimum Terms
      1. You agree to be bound by the following Minimum Terms for the use of the Streaming Purchased Titles Service:
      2. You understand and agree that the content you receive through the Streaming Purchased Titles Service such as movies, images, artwork and other copyrightable materials (the "Content") is licensed by Good TV or its affiliates from content providers ("Content Providers"). The Content you receive through the Streaming Purchased Titles Service, including the copyrights in the content, are owned by the Content Providers and/or their licensors, and are protected by the copyright laws of the United States, as well as other intellectual property laws and treaties. Good TV, Content Providers and Content Providers’ licensors do not transfer any title, right or interest to or in the Content to you.
      3. Good TV grants you a non-exclusive and non-assignable sublicence to stream Content to five (5) authorised, registered device at any given time all for personal, non-commercial purposes. The delivery of the Content does not transfer to you any commercial or promotional use rights in the Content. All other rights in the Content are reserved Content Providers, Content Providers’ licensors and the copyright holder(s), and any other use is strictly prohibited.
      4. You may not copy, redistribute, sell, rent, lease, transfer or sublicence the Content. You may not 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 with, and you may not edit, modify, translate or create derivative works or adaptations of the Content. In addition, you may not decompile copy, reproduce, reverse engineer, disassemble or otherwise reduce the computer file in which the Content is stored to a human-readable form. You may not duplicate or otherwise reproduce (including but not limited to "burning") the Content, or any portion thereof, onto any physical medium, memory or device, including but not limited to CDs, DVDs, VCDs or any other such device, including but not limited to, any computers or other hardware, or other medium now known or hereafter devised.
      5. The Content is provided "AS IS". Content Providers and Content Providers’ licensors each expressly disclaim any warranties and conditions, express, implied, or statutory, including but not limited to, warranties or conditions of merchantability, fitness for a particular purpose, satisfactory quality and non-infringement, and their equivalents under the laws of any jurisdiction. Content Providers and Content Providers’ licensors do not warrant or otherwise state that the Content will meet your requirements.
      6. Under no circumstances, including but not limited to negligence by Good TV, or Content Providers, will Good TV, Content Providers or Content Providers’ licensors be liable for any damages, including any direct, indirect, special, incidental or consequential damages of any kind under any legal theory (tort, contract or otherwise) that result from the use of, or the inability to use, Streaming Purchased Titles Service or the Content, even if Good TV, Content Providers, or Content Providers’ licensors have been advised of the possibility of such damages.
    4. Limitations on the Streaming Services
      1. You acknowledge that; streaming of Content via the internet may involve significant internet usage. The payments you make for the Streaming Services do not include any charges for internet usage. You are solely responsible for any internet usage or access charges that your internet service provider may apply in relation to streaming any Content you access as part of the Streaming Services or on a trial basis;
      2. your ability to stream Content and the quality of the streaming is affected by many factors, including the specifications of the device through which you are viewing the Content, the internet connection (including the speed of data uploading and downloading) through which the Content is streamed, other tasks that your device is performing whilst the Content is streaming, as well as the amount of other traffic on Good TV's network and the internet at the time you are streaming the Content; and
      3. Content may not be immediately available for streaming once you have selected it.
  4. Payment Information
    1. Service Users can view specific details regarding their Account and any Transaction Fees in the "Account & Settings" section of the Website.
    2. Details of the pricing for all the Streaming Services can be viewed on the product page for each title.
      1. You can pre-load your account with credit which can be used to purchase titles under the PPV Streaming Service or the Streaming Purchased Titles Service. Credit loaded to a wallet expires twelve months after the date on which it was purchased.  No refunds will be given on expired credit.
    3. We offer you a service called AutoPlay, which allows you to easily stream titles which you have not previously purchased from our suite of iDevice and Android applications.  AutoPay is turned on by default to provide you with the best user experience.  You agree that we may deduct the standard price for the service you select from your prepaid credit balance with your express consent, nothwithstanding it is your right to disable this service at any time through our administration portal.  Once disabled, you will not be liable for any other AutoPlay charges.
  5. Free Trials and Promotional Offers
    1. Free trials of certain Services may be offered to Service Users from time to time.
    2. We may charge for free trials and promotional offers based on the standard fee for the Streaming Service if we consider that the relevant trial or promotional offer is being abused.
    3. The duration of any free trial or promotional offer may vary and will be displayed on the Website for new Service Users and/or communicated directly to existing Service Users via the Website or email communications.
    4. To receive a free trial or promotional offer you will (if you have not already done so) need to register as a Service User.
    5. We reserve the right not to offer, refuse, or cancel a free trial or promotional offer at any time at our absolute discretion. Free trial and promotional offers are limited to one per person, one per household and one per credit/debit card and cannot be combined with any other offer. We reserve the right to charge a fee to your credit/debit card where you have exceeded this limit (based on the standard charges related to the free trial or promotional offer).
    6. Except to the extent otherwise stated in a free trial or promotional offer, if you have previously been a Service User you may not qualify for a free trial or any promotional offers for the Streaming Services.
    7. The terms of any free trial or promotional offer will be displayed on the Website for new Service Users and must be read in conjunction with these terms and conditions.
  6. Other Promotions
    1. From time to time we may introduce special offers, rewards, vouchers, gift certificates, payment plans and free trials, which may be subject to additional terms and conditions.
  7. Restricted Content
    1. We use reasonable endeavours to restrict access to Content that is classified as R18.  You are responsible for ensuring that:
    2. Content classified as R18 or equivalent is not viewed or accessed by those under the age of 18; and
    3. Content otherwise classified as Restricted is only viewed or accessed by those of an appropriate age. Please visit http://www.classificationoffice.govt.nz/classification-in-nz/classification-in-NZ.html if you require further information.
  8. Restrictions on the use of the Services and Content
    1. You must: comply with the Usage Rules set out in clause 9;
    2. not use the Streaming Services, the Website or the Interfaces, or display, access or transmit the Content made available to you in a manner which results in you or a third party breaching any laws, infringing any person’s intellectual property rights or breaching these Terms and Conditions;
    3. not and must not permit, authorise or assist any other person to stream, broadcast, display, communicate or re-transmit the Content made available to you:
      1. to the public or in a public area;
      2. to another person;
      3. to a device other than a PPV Approved Streaming Device;
      4. for a commercial purpose; or
      5. outside New Zealand or Australia;
    4. not and must not permit, authorise or assist any other person to remove or interfere with any copyright notices or digital rights management software or restrictions (including territorial) connected to the Content made available to you;
    5. only and ensure that others only, stream and watch Content made available to you for personal, private use;
    6. not and most not permit, authorise or assist any other person to reverse engineer, create derivate works of, modify, disable or alter the Streaming Services, Content, the Website or the Interfaces made available to you or any security, encryption or anti-piracy software or technology included in the Streaming Services or Content; and
    7. not and must not permit, authorise or assist any other person to copy, reproduce, broadcast or communicate to the public the Content, except as expressly permitted in these terms and conditions.
    8. You acknowledge that there may be restrictions on your ability to stop, rewind and replay Content that you stream as part of the Streaming Services and that you may only have access to certain Content within a set period of time.
  9. Payment
    1. Each time you stream a piece of Content you will incur a fee.  The fee will be deducted from any credit you have in your online Wallet, where your Wallet does not hold sufficient credit, we will charge your credit/debit card with a minimum purchase of $10 (or other amount you may select).
    2. We will charge your credit/debit card with any Transaction Fees at the time of purchase.
    3. Service Users can review their billing history and all account charges in the "Account & Settings" section of the Website.
    4. Tax invoices for the payment of your subscription fees can be created and sent to you on request.
    5. Unless specifically stated otherwise, all amounts or fees in relation to the Streaming Services are GST inclusive.
  10. Refunds
    1. Refunds to Credit Cards
      1. If you use a credit/debit card details to pay for the Streaming Services and experience a service issue which is within our area of control you may apply for a refund to be processed to that card (subject to points 5.1 c below).  Refunds can be requested by contacting the Customer Service team on the number posted on the Website.
      2.  In general refunds will first be given as additional wallet credit unless otherwise agreed with you.
      3. In no circumstances can you apply for a refund of wallet credit unless;
      4. You are unable to stream a title to at least one Approved Device and you can demonstrate that failure to a member of our team.
      5. There is a technical issue which is within our control and ability to remedy and we do not do so within a timely fashion (usually 48 hours).
  11. Your Information
    1. Maintaining your credit/debit card details
      1. If you use a credit/debit card details to pay for the Streaming Services and these details change, you must update them in "Account & Settings" section of the Website, or otherwise you may contact our Member Services team to update your new card details.
    2. Maintaining Member and Service User information and account access
      1. You are responsible for ensuring your Member and any Service User information as entered in the registration form and subsequently detailed in the "Account & Settings" section of the Website is current, accurate and complete. You can maintain and update your Member and Service User information from the "Account & Settings" section of the Website.
      2. You are responsible for maintaining the confidentiality of your account and password information, and for restricting unauthorised access to your account. You are responsible for all activity on your account. Your account and password information is used to limit access to certain types of Content via the "parental control" features of the Streaming Service. You acknowledge that you must keep your account and password information confidential in order to prevent fraud, misuse of your account and to prevent access by minors to inappropriate content. You agree to indemnify Good TV against any loss, liability, costs or expenses incurred by Good TV as a result of you not maintaining your account and password information in accordance with this clause 5.2.
  12.  Our right to suspend or cancel
    1. We reserve the right to suspend or cancel your access to the Streaming Services and your Membership if we have reasonable grounds to suspect that your Member or Service User information is misleading, inaccurate or incomplete or there has been unauthorised access to your account.
    2. We reserve the right to terminate or restrict your use of the Streaming Services:
      1. with 30 days’ prior written notice to you, without needing to give you any reason for such termination or restriction; or
      2. immediately with written notice to you if:
        1. you breach these Terms and Conditions;
        2. you use or access the Streaming Services or the Interfaces for commercial or non-private use;
        3. you access the Streaming Services on more than the permitted number of Unique Devices set out in Clause 9;
        4. you breach the Usage Rules set out in clause 9; or
        5. we consider this to be necessary for security, copyright protection or anti-piracy reasons, or to comply with any applicable laws.
  13. Intellectual Property
    1. Copyright
      1. All content on or available through the Website (including the Content) and all Good TV interfaces created for devices including text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations and software and its compilation ("Interfaces") are the property of Good TV, its parent company, or its (or its parent company's) suppliers and are protected by copyright laws.
      2. Unless otherwise specified, the Streaming Services, Interfaces and all Content accessed via the Streaming Services are made available to you for your personal and non-commercial use and we grant you a limited licence to access the Website, Interfaces and Content for that purpose. You may not download (other than through temporary page caching necessary for personal use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any Content or any information contained on, or obtained from, the Website or Interfaces or via the Streaming Services without our express written consent. Except for rights expressly granted to you, all rights in the Content are reserved by us or our licensors and your licence to the Content terminates upon the termination or cancellation of these Terms and Conditions. You agree to indemnify Good TV and its parent company from and against any loss, damage, liability, costs or expenses suffered or incurred by Good TV or its parent company in connection with any breach by you of this clause 7.1.
    2. Copyright Infringement
      1. We take infringement of our copyright or that of our licensors very seriously. You must not copy, reproduce, communicate to the public, transmit, or broadcast the Website, Interfaces or any Content accessed via the Streaming Services. We reserve the right to take all steps necessary to prevent the unauthorised distribution, copying, reproduction, broadcasting or communication of the Content.
    3. Branding
      1. All Good TV graphics, logos, page headers, button icons, scripts and Streaming Service names are brand marks of Good TV or its parent company. Good TV's brand marks may not be used in connection with any product or Streaming Service other than that of Good TV. All other trademarks not owned by Good TV that appear on the Website or are accessible via the Streaming Services are the property of their respective owners who may or may not be affiliated with, connected to or sponsored by Good TV.
    4. Links
      1. Some of the hyperlinks on the Website may lead to other websites or interfaces that are not controlled by or affiliated with Good TV. In addition, other websites or interfaces may link to Website and Interfaces. Good TV is not responsible for the content or privacy policies of these other websites or interfaces.
  14. Limitations on liability
    1. Other than as specified expressly in these Terms and Conditions and to the maximum extent permitted by law, we will not be liable for any loss or damage (including indirect or consequential loss or damage, loss of profit, loss of revenue, loss of data or loss of opportunity) however caused which may be suffered or incurred by you or any other person arising directly or indirectly from the use by you or any other person of the Streaming Services or the Website and Interfaces.
    2. Except for the express warranties set out in these Terms and Conditions and to the maximum extent permitted by law, Good TV provides no warranties or guarantees to you (including in relation to the Content, supply, performance or availability of the Streaming Services, Website or Interfaces).
    3. Whilst we endeavour to use due care and skill in relation to the provision of the Streaming Services, the Website and the Interfaces, Good TV does not warrant or guarantee that the Content, Streaming Services, Website or Interfaces will be free from errors or omissions or will be provided to you within a particular time.
  15. Usage Rules
    1. Applicable Rules
      1. You must be an active Service User prior to accessing the Content.
      2. All Content delivered to Approved Devices may be streamed only and must not be downloaded (save for a temporary buffer required to overcome variations in stream bandwidth) and must not be transferred between Approved Devices or from any Approved Device to any other device.
      3. At any one time, no more than three of the registered Approved Devices can be simultaneously used to stream Content.
    2. Registration of Devices
      1. Each Service User may register up to five (5) unique Approved Devices for streaming Content to their account ("Unique Devices"). A Unique Device may only be registered to one Service User’s account at any given time.
      2. Subject to the limit set out in clause 9.2.1 above, a Service User may elect to deregister any given Unique Device from their account and register additional Unique Devices to their account at any time, provided that a Service User must not register any Unique Device that has been registered to (and de-registered from) more than two other Service User accounts during the previous 12 months.
      3. Upon deregistration of any given Unique Device from a Service User’s account, such device may no longer receive and/or play back any Content for that Service User.
  16. Delivery and Playback
    1. A Unique Device must be registered to a Service User’s account at the time they request delivery (and in order to receive such delivery) of Content on that device.
    2. We may permit you to have Content that may be viewed on up to six (6) Unique Devices, subject to clause 9.3.3 below.
    3. In order to initiate a stream of Content, you must be signed in as a Member and be a Service User of the relevant Streaming Service.
    4. Each Service User account may only access a single stream of Content at any one time unless that content is purchased under the Streaming Purchased Titles Service in which case two (2) simultaneous streams are permitted.
  17. General Terms
    1. Assignment
      1. We may assign any or all of our rights and obligations pursuant to these Terms and Conditions without the need to obtain your consent. You may only assign any or all of your rights and obligations pursuant to these Terms and Conditions with our prior written consent.
    2. Privacy
      1. Good TV collects, stores, uses and discloses personal information in accordance with its Privacy Policy. The Website uses a NetRatings Australia auditing system.
    3. Applicable law
      1. Your use of the Website, the Interfaces and the Streaming Services is governed by, construed and enforced in accordance with the laws of New Zealand. Any disputes arising from your use of the Website, Interfaces or Streaming Services are subject to the exclusive jurisdiction of the courts of New Zealand.

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