Terms of Use

Effective [insert date] 2014

The T-Box companion application called T-Box Mate™ (T-Box Mate) is owned by Netgem Australia Pty Ltd (ABN 48 142 471 243) and operated by Telstra Corporation Limited (ABN 33 051 775 556).

References to “we” and “our” in these Terms of Use will be read as references to Telstra Corporation Limited.

1. Interpretation

These T-Box Mate Terms of Use must be read together with the T-Box Terms and Conditions (telstra.com.au/entertainment/download/document/tbox-terms-conditions.pdf) and any other Telstra services relevant to your T-Box device as set out in Our Customer Terms (www.telstra.com.au/customer-terms/index.htm).
To the extent of any inconsistency, the terms set out in these Terms of Use prevail.

2. Using T-Box Mate

To take up the T-Box Mate, you must have a working and registered T-Box connected to your home network.
The T-Box Mate is only available for download on compatible iOS tablet devices, such as iPad2, iPad3, iPad4 and iPad Mini. The T-Box Mate is not available for download on iPhone and Android devices. The application will function on iOS 6.0, iOS 7.0 and above.
We provide the T-Box Mate as part of your T-Box service, subject to clause 2(d) below.
The person seeking access to the T-Box Mate is responsible for any costs associated with downloading, installing or accessing the T-Box Mate, and the streaming of any content, in accordance with the requirements of the applicable service provider.
In using the T-Box Mate, you are subject to all data usage pricing, policies and terms and conditions of your respective internet provider or mobile provider.
You must only use the T-Box Mate for personal and non-commercial purposes, at home.
To enjoy the features of the T-Box Mate, you must be connected to a working and registered T-Box using your home network.
The T-Box Mate service may not include all programs on a channel or all channels on your T-Box service.
The T-Box Mate application excludes excludes streaming of live and playback of recorded free to air programs, download and streaming of BigPond Movies, streaming of Foxtel on T-Box and BigPond TV channels, T-Box applications portal and help channel access.
Your experience will depend on the actual speed of your Telstra Home Broadband service which is dependent on number of factors including your broadband plan, modem or gateway, location, network congestion, number of devices connected to your broadband service, the bandwidth used by these devices, obstacles between devices, and other factors outside our reasonable control.
To access full functionality of the T-Box Mate, we recommend that you use a Telstra supported Wi-Fi 802.11n enabled router.
The T-Box Mate is only available for use in Australia.
You must follow our reasonable directions about how to use the T-Box Mate. You must not, and must not allow anyone else to, use T-Box Mate for any improper or unlawful purpose.
You must not copy, record, reproduce, republish, post, broadcast, transmit or make any T-Box Mate content available to another person or assist or authorise anyone else to do so, unless we provide our prior written consent.
We may upgrade the T-Box Mate at any time. You will be advised if you need to download an upgraded version of the T-Box Mate to use the T-Box Mate service. In order to download such an upgraded version of the T-Box Mate, download charges may apply.
We recommend you only use a secure network in relation to the connection of your T-Box and T-Box Mate services.

3. Intellectual Property Rights

The intellectual property rights in all material, content or software relating to the T-Box Mate and the service provided pursuant to T-Box Mate remains ours, or where applicable our licensors or content suppliers. We grant you a limited licence to use such rights for your personal use of the T-Box Mate in accordance with these Terms of Use.
You must not, and must not authorise or assist any third party to:
1. copy, reproduce, record, transfer, transmit, publish, rent, frame, reverse engineer, decompile, decrypt, disassemble, alter or commercially exploit the T-Box Mate or any material or content you obtain through the T-Box Mate or the service provided pursuant to T-Box Mate;
2. sell or make any charge for viewing or otherwise using any part of the T-Box Mate service; or
3. display any part of the T-Box Mate service in public, irrespective of whether a charge is made.
We may use technical measures to control or prevent the copying of any part of the T-Box Mate or content delivered via the T-Box Mate service.
The T-Box Mate uses FFmpeg under the LGPLv2.1.

4. Privacy

OurPrivacy Statement (telstra.com.au/privacy/privacy-statement/index.htm) sets out how your personal information is collected, used and disclosed, including for the purpose of providing the T-Box Mate service to you. Please ensure that you read these terms carefully.

6. Changes to T-Box Mate

We may change the features, content, presentation or facilities available from the T-Box Mate, at any time in our discretion. This includes changing the scheduled broadcast time of, adding, removing or changing any features, program or functionality of the service, including channels. If we do so, we will give you prior notice of a change unless:

we need to immediately make the change in order to act legally or for urgent operational or technical reasons; or
we reasonably consider that the change is not likely to have more than a minor detrimental impact on you.

Your first use of the T-Box Mate after we have notified you of a change will constitute your acceptance of that change. If there is a material detrimental impact on your T-Box Mate service due to a change to these Terms of Use, you may contact us on 13 22 00.

7. Liability

You are liable to us for breach of contract or negligence under the principles applied by courts. However, you are not liable to us for any loss to the extent it is caused by us.
We will provide the T-Box Mate service to you in accordance with these Terms of Use. However, given the nature of telecommunications systems, we cannot promise that the T-Box Mate service will be continuous or fault-free.
Concerning our liability to you, except as set out in the paragraphs below or otherwise in these Terms of Use, to the extent permitted by law:
1. we accept our liability to you for breach of contract or negligence under the principles applied by the courts;
2. we will accept liability if it cannot be excluded under any legislation. If that liability cannot be excluded but can be limited under any legislation, we limit our liability to resupplying, repairing or replacing the relevant goods or services (or payment of the cost of resupply, repair or replacement) where it is fair and reasonable to do so;
3. we are not liable for any loss to the extent that it is caused by you (for example, through your negligence or breach of contract);
4. we are not liable for any loss to the extent that it results from your failure to take reasonable steps to avoid or minimise your loss; and
5. we are not liable for any loss caused by us failing to comply with our obligations in relation to your service where that is caused by events outside our reasonable control (such as a failure in equipment that is not owned or operated by us, an industrial strike or an act of God).
These provisions relating to liability will continue unaffected by cancellation of your service.

8. General

If you use the T-Box Mate for any unlawful purpose, or breach clause 3(b) of these Terms of Use, we may immediately suspend or cancel your use of the T-Box Mate or service provided pursuant to T-Box Mate.
We will use reasonable care and skill in providing the T-Box Mate to you.
The T-Box Mate service may contain links to third party websites not operated or owned by us. We are not liable for the availability of such sites or their content.
These Terms of Use are governed by the law in force in New South Wales, Australia
You irrevocably submit to the non-exclusive jurisdiction of courts exercising jurisdiction in New South Wales, Australia, and courts of appeal from them in respect of any proceedings arising out of or in connection with these Terms of Use.
If any part of these Terms of Use is invalid under the law of any jurisdiction the provision is enforceable in that jurisdiction to the extent that it is not invalid, whether it is in severable terms or not