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Terms of Service

Terms of service

MAXX TV FAIR USE POLICY

1.Background
The Maxx TV Fair Use Policy (policy) sets out the rules and guidelines in relation to your use of your Maxx TV services. The aim of this policy is to ensure that Maxx TV is able to provide a quality service to all of our customers and ensure that no customer is disadvantaged due to the behaviour of another customer. This policy forms part of our Maxx TV Services Agreement. Terms used in this policy have the meaning given in the General Terms section of our Maxx TV Services Agreement, unless stated otherwise.

2.Your Use
You must only use the Services lawfully and in accordance with the terms of your agreement with us for your personal, domestic or household use.

3.Prohibited Use
You must not use or attempt to use the Services or allow the Services to be used:

  • for any activity that breaches any law, including any direction, order, regulation or industry code;
  • in any way that infringes the rights of other persons, including if you:
    • defame, harass, injure, menace or abuse any person or property or violate any person’s privacy;
    • infringe any person’s intellectual property rights; or
    • incite hatred against any person;
  • to transmit, publish or make available material that is offensive, abusive, indecent, pornographic or confidential (or promote others to engage in such acts);
  • to send excessive unsolicited data to third parties for any purpose;
  • to access, host or send any ‘prohibited content’ as that term is defined in the Broadcasting Services Act 1992 (Cth);
  • in any way that might expose us or any of our Suppliers, to liability or the risk of legal or administrative action, including prosecution under any law, or bring us or any of our Suppliers into disrepute or adversely affect the Maxx TV brand;
  • in a way that will interfere with, interrupt, manipulate, bypass or degrade the Service, the integrity of the Maxx TV Network or any network or equipment of another person;
  • for any commercial purpose.You are prohibited from violating or attempting to violate the security of the Maxx TV Network or any network or equipment of another person, including:

4.Security of the Maxx TV Network and others
You are prohibited from violating or attempting to violate the security of the Maxx TV Network or any network or equipment of another person, including:

  • taking steps to gain unauthorized access to services and/or your Account;
  • attempting to probe, scan or test the vulnerability of the system;
  • breaching any security or authentication measures without proper authorisation;
  • attempting to interfere with, disrupt or disable services to another person, host or network, including without limitation via means of overloading, flooding, mail bombing or crashing;
  • knowingly distributing any material or software which contains a virus, Trojan or other harmful feature; or
  • taking action to obtain services to which you are not entitled.We have no obligation to monitor the Maxx TV Network, but reserve the right to do so if required by applicable law, and may take such action as required. We take no responsibility for any material input by others and not posted to the Maxx TV Network by us. We are not responsible for the content of any other web sites linked to the Maxx TV Network.If you breach this policy or if the law or a regulator or other authority requires us to do so, we may take remedial action. Such action may include:

5.Remedial Action

  • You must tell us as soon as you are aware of any authorized or attempted unauthorized use or your Services and any other breach or attempted breach of security.
  • giving you a notice or warning letter requesting you to stop certain activities or conduct or take steps to remedy the breach;
  • immediately suspending or terminating your Services if you fail to take steps to remedy the breach;
  • immediately terminating or suspending your Services at any time if we deem it necessary to do so for a serious breach of this policy;
  • reporting of the activities or conduct to relevant authorities; or
  • other action that we deem appropriate.We may block access to certain Internet sites where required to do so by applicable law.

6.Site blocking
We may block access to certain Internet sites where required to do so by applicable law.

 

DISCLAIMER

MAXX TV is not liable to you or anyone else for any Loss in connection with use of the MAXX TV site (the “Web Site”) or a linked web site. “Loss” means any loss or damage, however caused (including through negligence) which may be directly or indirectly suffered. This general disclaimer is not restricted or modified by any of the following specific warnings and disclaimers. The information on the Web Site is not comprehensive and is intended only to provide a summary of the subject matter covered. Except to the extent implied by applicable law that cannot be excluded or limited, MAXX TV makes no warranty regarding the information on the Web Site. You must make your own assessment of it and rely on it wholly at your own risk. We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with use of the Web Site or a linked web site. You must take your own precautions to ensure that whatever you select for your use from the Web Site is free of viruses or anything else (such as worms or trojan horses) that may interfere with or damage the operations of your computer systems. We may, from time to time and without notice, change or add to the Web Site (including its terms of use) or the information, products or services described in it. However, we do not undertake to keep the Web Site updated. We are not liable to you or anyone else if errors occur in the information on the Web Site or if that information is not up-to-date.

LINKED SITES
The Web Site may contain hyperlinks to web sites of people other than MAXX TV. Those links are provided for convenience and may not remain current or be maintained.
Except as expressly stated on the Web Site, MAXX TV:
a. is not responsible for any content on those linked web sites; and
b. has no control over or rights in those linked web sites.
Terms and conditions of entry for any promotions or competitions on the Web Site will appear with that competition/promotion and you should read those in conjunction with these general terms.

TRADE MARKS
The MAXX TV trade marks used or referred to in this Web Site are trade marks of MAXX TV. Other product and company names mentioned on the Web Site may be the trade marks of other people or entities (eg a channel on MAXX TV).
You must not use any of MAXX TV trade marks in any way, involving but not limited to:
• In or as the whole or part of your own trade marks
• In connection with activities, products or services which are not ours
• In a manner which may be confusing, misleading or deceptive
• In a manner that disparages us or our information, products or services (including the Web Site).

RETURN POLICY

No change of mind or returns are allowed as MAXX TV is a prepaid product covered with 1 year replacement warranty on the set top box alone (Not the remote). Return / change of mind can be discussed on case by case basis by raising a ticket in our support section and a handling fee of $125 will be charged as handling and restocking fee for any returns that are approved. Any returns that are accepted will have a Return Authorisation Number (RAN) provided by the support team in your ticket. This needs to be provided to the customer service team to organise the return and refund, after the restocking and handling fees are deducted.

Note: If fault is in our product we will replace it with an alternative within the warranty period, if the fault is deemed to be outside factors such as internet service, modem, router or anything else that’s not in our control, we will inform you.

 

GOVERNING LAW
Your use of the Web Site and its terms of use are governed by the laws in force in Victoria, Australia and you submit to the non-exclusive jurisdiction of the courts there.

 

PRIVACY POLICY UPDATED

Last Updated: 11 February 2016

This is our Privacy Policy which sets out what personal information Maxx TV* collects about you. It sets out how we collect it, how we hold it, how we use it and who we disclose this information to. It explains what information we may collect from you when you use a Maxx TV website, certain third party websites or a Maxx TV Service. It also sets out how you may access and seek correction of your personal information or complain about a breach of your privacy. This Privacy Policy may be amended from time to time if our practices change. On our website, you may find links to other websites not operated by us, including our partners’ websites. This Privacy Policy doesn’t apply to them – always check the Privacy Policy of any other website you enter.

You can navigate separate sections of this Privacy Policy through the links below.

1. What kinds of personal information do we collect and how?
When you apply for a Maxx TV Service** we collect personal information about you, and (where relevant) authorised representatives on your account. If you are an authorised representative on someone else’s account, we may also collect information direct from you, for example if you provide your credit card information for use on an account. This enables us to connect you to your Maxx TV Service, and allows us to provide and administer that service. This information may include your name, date of birth, contact details, credit card or bank account information and other information relevant to the provision of your Maxx TV Service. We may also collect your personal information from you when you use a Maxx TV Service, enter into one of our competitions or otherwise interact with us (such as through a Maxx TV website, a Maxx TV application or through social media). This may include information such as preference information and viewing habits and other usage data. We may also collect your personal information from third parties where you have agreed with them that your information may be disclosed.

2. What information do we collect when you use a Maxx TV website or a Maxx TV Service?
We collect information regarding activity on Maxx TV websites and certain third party websites, such as the number of visitors to the website, the date and time of those visits, the number of pages viewed, navigation patterns and, where relevant, websites visited before visiting that website. On these websites, your visits are associated with cookies and/or local storage data which are unique identifiers that we use to store information about your current and previous visits. This information is collected by Maxx TV or on Maxx TV’s behalf by various website analytics companies. When you use a Maxx TV Service we collect information about your usage such as viewing habits as well as how you locate and watch content. This may include information on your favourite shows and channels. If you are a Maxx TV customer, we may link information about your viewing habits, website activity or usage with your account information.This information provides Maxx TV with statistics that we can use to analyse and improve our websites and our products and services. We may also use browsing and viewing habits data to deliver targeted marketing, advertising and content from Maxx TV and third parties on Maxx TV websites and Maxx TV Services, as well as Maxx TV advertising on third party sites, in each case relating to your preferences or interests. For more information on how you can request not to receive targeted marketing and content based on your browsing or viewing habits, please email us using online ticket tool give link here.

3. Do you have to identify yourself when you use a Maxx TV website?
If you log into our website or chat with an agent on our website, you will have identified yourself. If you wish to remain anonymous when you use a Maxx TV website, do not sign in to the website or provide any information which may identify you.

4. Why do we collect the information and how do we use or disclose it?
We collect, hold, use and disclose your personal information:

a. to assess your application for a Maxx TV Service;
b. to connect you to, and provide and administer your Maxx TV Service, including billing you, contacting you about your Maxx TV Service, and resolving any disputes about your Maxx TV Service;
c. to provide you with recommendations about use of your Maxx TV Service and to personalise your experience with us;
d. to develop and enhance our products and services;
e. to conduct research and to plan and develop our product and marketing strategies;
f. to provide and operate our competitions, events and promotions;
g. to promote and market products and services of ours and our partners; and
h. to comply with our legal obligations.

5. How can you request not to receive direct marketing? What happens if I don’t allow you access to my personal information for direct marketing purposes?
If you do not wish to receive direct marketing communications from us please contact us on give phone number or log a ticket using our online ticket system. If you have registered for specific newsletters or updates from Maxx TV you may continue to receive these. We will always use any personal information we have on you with a strict level of confidence. We use it to ensure that we can talk to you about ways to enhance your Maxx TV service, how to find the content you like, tell you about new services and applications and give you access to offers that we think will help you get the most out of your Maxx TV Service. We will also use the information to provide you access to exclusive experiences that are linked to your preferences.

6. Who do we disclose your personal information to?
We may disclose your personal information:

  • to authorised representatives on your account;
  • to entities who assist us in providing, administering, improving, promoting and marketing our products and services and our competitions, events and promotions, including suppliers, contractors, website hosting service providers, debt collectors, data storage and management companies including providers of cloud services, channel providers, and interactive advertisers;
  • to companies that promote and market, or conduct research to help us improve and target, our products and services and
  • where required by law, or to government and enforcement agencies or individuals appointed by a government responsible for investigating and resolving disputes or complaints concerning your Maxx TV Service.
  • We may also provide your personal information to the Maxx TV Partners***, who will use it for similar purposes as us. How they use your personal information is subject to their privacy policies. If you do not wish us to provide your personal information to the Maxx TV Partners, please contact us on give contact here or email us using our online ticket system – give link here.

When you enter into a competition we are running or participate in a sponsored event, we may seek, as a condition of entry, consent to pass your information to a promoter or sponsor of the competition or event. If we do this, we will notify you at the time of entering into the competition or event with us.

7. Do we disclose your information overseas?
We may disclose your personal information to third parties overseas who provide services to us.

8. How do we handle credit information?
In certain very limited circumstances we may be a credit provider to you. In these circumstances, the identification information we collect about you (your name, date of birth and address) is also “credit information” (as defined in the Privacy Act). We do not collect credit information from, or disclose it to, any credit reporting bodies.
We will handle your identification information that is credit information in accordance with this Privacy Policy. In particular, please refer to the following sections:
1. What kinds of personal information do we collect and how?
4. Why do we collect the information and how do we use or disclose it?
7. Do we disclose your information overseas?
10. How can you seek access to, and correction of your information?
11. How can you seek further information or complain about a breach of your privacy?

9. How do we hold your personal information and keep it secure?
We hold your personal information in a combination of electronic and hard copy files. We may store your personal information with a third party data storage provider. We may combine personal information we receive about you with other information we hold about you. This includes information received from third parties. We take all reasonable steps to ensure that the personal information we hold is protected from misuse, interference and loss, and unauthorised access, modification or disclosure by the use of various methods, including secure storage. Where we store your personal information with a third party data storage provider, we require them to keep it secure and only use or disclose it for the purpose for which it was provided. Please contact us immediately if you become aware or have reason to believe there has been any unauthorised use of your personal information that we hold.

10. How can you seek access to, and correction of, your information?
If you would like to find out what information we have about you, please contact us on give contact here or log a ticket online – give link here. We will ask that you put your request for access in writing and provide us with proof of your identity. You may be charged an administration fee when we provide you with the requested information to cover our time and postage and handling or retrieval costs.If you think that any personal information we hold about you is inaccurate, incomplete, out-of-date or irrelevant, you may ask us to correct it. We will take reasonable steps to correct it unless we disagree with your reasons. If we refuse to correct your personal information we will give you an explanation why.

11. How can you seek further information or complain about a breach of your privacy?
If you believe that we have breached your privacy or have any questions in relation to this Privacy Policy, you can contact us on give contact here or log a ticket online – give link here.
We will investigate any complaint, and notify you of our decision in relation to the complaint, as soon as practicable after it is received. If we are unable to satisfactorily resolve your concerns about our handling of your personal information, you can contact the Office of the Australian Information Commissioner.