With effect from 17 May 2021

1. WELCOME TO NEON

Overview of the Terms

1.1 These are the Terms of Use (Terms) which apply to your use of Neon.

1.2 In these Terms, the Neon Service is provided under the Neon brand by Sky Network Television Limited of 10 Panorama Road, Mt Wellington, Auckland (referred to as we, our, us) to you, our customer, who signs up to a Neon account (account) or uses Neon in any way.

1.3 When you create an account, you accept these Terms.

1.4 Our Privacy Policy also applies to any personal information that we collect about you.

2. NEON SERVICES

About Neon Services

2.1 Neon offers you various content options for viewing, including selected TV shows and movies, which may be offered on a subscription basis and selected movies, which may be offered on a rental basis (the Content), to be streamed over the internet to compatible devices and, where available, to temporarily download Content onto a compatible device for viewing offline.

2.2 In these Terms, Neon, the Neon Services and our Services means the services provided by Neon for discovering and watching the Content, including all features and functionalities, recommendations and reviews, the website, and user interfaces, as well as all Content, apps and software associated with our Services.

Using the Neon Services

2.3 To sign up to the Neon Services you must be located in New Zealand, be 18 years of age or older, have a valid and current email address, a New Zealand billing address, and comply with these Terms.

2.4 You must use the Neon Services in accordance with our usage rules which include rules about how to download Content, how many devices you can use to access the Services and watch content on at the same time (Usage Rules). You can find the Usage Rules here in our FAQs.

2.5 We also include information on how to set up parental controls and how we classify the age ratings for our Content. Please note that some Content on Neon is age-restricted. You must set up parental controls appropriately, read the classification information we provide in relation to our Content, and supervise other viewers appropriately. This includes making sure that young people only view Content that is suitable for them.

2.6 If you are the account holder, you agree to:

(a) not allow anybody other than people that live in the same household as you to use the Services; and

(b) be responsible for the actions of all third parties who use the Services in connection with your account, including for any breaches of these Terms, and for all relevant charges and fees incurred by such third parties.

2.7 We will endeavour to provide our Services to you with reasonable care and skill. Because of the nature of video on demand internet services, at times our ability to do so will be outside of our control, including our Services’ reliance on other services that we do not own or control (e.g. internet or electricity). We cannot represent or guarantee that the Services will be:

(a) interruption or fault free, or that any faults or errors will be able to be corrected;

(b) available at any particular time or location;

(c) available, or available without change, for any minimum period of time;

(d) completely secure or private (although we will apply reasonable security measures in compliance with applicable law); or

(e) of a high streaming quality.

2.8 We will always try to restore any Service outage within our control as soon as we reasonably can.

2.9 We do not represent or guarantee that any or all Content forming part of our Services will be downloadable.

Subscription Services

2.10 When you purchase a Neon subscription, a recurring charge is payable by you (in advance) to view a package of TV shows and movies (Subscription). Your Subscription is valid for a specified period of time (e.g. a calendar month or multiple calendar months) which is known as your subscription period. Your Subscription automatically renews (and we will take payment) at the end of each subscription period. Your Subscription will automatically renew for the same period of time as your initial subscription period (unless we agree otherwise) until you end your Subscription.

2.11 You may end your Subscription at any time by cancelling on the Neon website. If you end your Subscription in this way, you will be able to continue to use the Subscription until any prepaid period expires, after which time your Subscription will end. If you cancel during a free trial or cooling off period, then your Subscription will end immediately.

2.12 Neon does not generally provide refunds for prepaid Neon Services.

2.13 Even when your Subscription comes to an end your account will remain active so you can still purchase Services again, should you wish. If you would like to delete your account details permanently, you may do so by sending a request to help@neontv.co.nz.

2.14 In addition to other rights in these Terms, Neon may end your Subscription or cancel your account with a minimum of one month’s notice at any time. If we end your Subscription under this clause before the end of your subscription period, we will give you a pro-rata refund to reflect any charges you have already paid us for the remainder of your subscription period following termination.

2.15 We may also cancel your use of all or any part of the Neon Services immediately if:

(a) it’s reasonably necessary to do so for operational or technical reasons;

(b) we believe on reasonable grounds that you’re using the Neon Services in breach of these Terms or there has been unauthorised access to your account;

(c) we are withdrawing the relevant Service; or

(d) you don’t pay applicable charges to us when due.

Movie Rentals

2.16 Where we offer you Content on a rental basis (Movie Rental) you will be charged for the Movie Rental up front. Once you have paid for your Movie Rental you will have a limited period of time to view it before expiry. See here for details of our Movie Rentals.

2.17 Movie Rentals are non-refundable.

Download & Go

2.18 Where we offer you the ability to download selected TV shows and movies to a smart device for watching offline, your use of this feature will be subject to certain limitations. See here for details on our Download & Go feature.

3. YOUR ACCOUNT

Account

3.1 You must create an account to access our Services.

3.2 We’ll communicate with you via the email address you register to your account so it must be valid and accessible by you. You are responsible for keeping the email address up to date.

3.3 If we have reason to suspect that you are in breach of these Terms or there has been unauthorised access to your account, we reserve the right to immediately terminate, cancel or suspend your account and revoke your access to the Services.

4. CHARGES AND PAYMENT

4.1 The charges for our Services are described on our website and confirmed when you purchase the relevant Service (Charges).

4.2 If you have a Subscription, we will automatically apply the Charges to the credit/debit card registered to your account at the beginning of every subscription period, unless the Subscription has been cancelled before that renewal. You will be billed for every subscription period on the same day (e.g. if your free trial ends on the 5th then you will be charged around the 5th of each month).

4.3 If an automatic renewal fails and we do not receive the Charges payable from you, we will notify you via email and suspend your Subscription. We will try for at least one week to renew your Subscription and then we may cancel your Subscription. You may reactivate your suspended Subscription by updating your current credit/debit card details on the Neon website. If you don’t want us to continue trying to renew your Subscription for the week, you may cancel your Subscription.

4.4 To rent a Movie Rental, you must pay with a valid credit/debit card. If there is already a valid credit/debit card registered to your account you can opt to use this one or you can enter a new card.

Free Trials and Promotions

4.5 Free trial eligibility is determined by us at our sole discretion and we may limit eligibility to prevent free trial abuse. Existing or recent customers are not eligible for free trials. We may use information such as device ID, method of payment, or an account email address used with an existing or recent Neon account to determine eligibility. For combinations with other offers, restrictions may apply.

4.6 If you have accepted a free trial of a Subscription, the Subscription will automatically renew after the expiry of the trial period and Charges will apply, unless you decide to end your Subscription before the expiry date.

3rd Party Offer

4.7 If you signed up to Neon Services via a 3rd party, for example via your broadband provider (3rd Party Offer) some aspects of those Services, during the period of the 3rd Party Offer, such as your charges or billing obligations, will be governed by the terms entered into between you and the 3rd party. Specific conditions may also apply which the 3rd party will disclose to you when you sign up for their products or services.

4.8 If you wish to cancel a Subscription obtained via a 3rd Party Offer, how you do this and when it takes effect may depend on the terms that apply to your 3rd Party Offer. You may, for example, need to visit your account with the 3rd party and turn off auto-renew, or unsubscribe from the Neon Services through the 3rd party.

4.9 We are not responsible for any products and services provided with the 3rd Party Offer or by such 3rd parties. We may pay the provider of the 3rd Party Offer a commission relating to the Services we provide to you.

4.10 If you decide to cancel a direct Subscription to Neon and take up a 3rd Party Offer, the cancellation of your Subscription with us may take effect immediately from the date you sign up to the 3rd Party Offer which means your billing periods may overlap. We will not provide you with a refund for any overlapping period.

5. MAKING CHANGES

5.1 To ensure we can respond to the needs of our customers by continually improving Services, we may have to make changes to our Services, Content, Charges, technology, Usage Rules, and these Terms, from time to time. We might also cancel or phase out certain Services.

5.2 We will give you advance notice of:

(a) any changes to the Terms that apply to you;

(b) any increase to your recurring charges (we will give at least 30 days' notice of this); and

(c) any major change we make to your Services, where we think the change may have a negative impact on a significant portion of affected customers (we will try to give at least 30 days' notice of this, where practicable),

but we may not give notice of changes that happen in the ordinary course of things, such as changes to our Content (which happens all the time as our rights, and customer interests change), or changes that we think will have a neutral or positive impact on affected customers.

5.3 Where we notify you of any changes, we may do so by emailing you and/or publishing the change on our website. By continuing to use our Services after the change, you are agreeing to the change. If you are unhappy with any change we have made, you may choose to end your Services at any time as described in clause 2.11.

6. CONTENT AND INTELLECTUAL PROPERTY

6.1 All intellectual property and other rights in our Services, and any content included in those Services (including the Content), are owned by us or our licensors. Provided that you comply with these Terms and other applicable laws, we grant you a limited licence to use the Services that you purchase (in the manner that those Services are provided to you), and to view content on those Services, in New Zealand, for your own personal non-commercial purposes. We do not grant you any other licence. You must not, and you must not attempt or assist, authorise, enable or permit anyone else, to:

(a) access any of our Services or content without permission;

(b) copy, adapt, play or show in public, or communicate to the public, any of our Services or content (including by showing any content in a pub, venue or accommodation facility);

(c) otherwise redistribute, resupply, retransmit, reverse-engineer, decode, decompile, reformat or interfere with our Services or content; and

(d) remove, circumvent, or interfere with any of the copyright notices or attributions, content protection, rights management, encryption or security technologies used for our Services or content.

7. INFORMATION ABOUT YOU

Privacy

7.1 We collect and treat personal information in accordance with the Privacy Act 2021, as amended. More details about when we collect personal information, what we collect, and what we do with it, can be found in our Privacy Policy. To request access to or correction of your personal information, please contact us at 10 Panorama Road, Mt Wellington, Auckland, or help@neontv.co.nz.

Opt outs

7.2 You may opt out of receiving commercial electronic messages from us by using the unsubscribe facility we provide in the message. However, please note that as the database we operate for the Neon Services is separate from the database we use for our other services, you agree that you may have to opt out of receiving commercial electronic messages about the Neon Services and our other services separately (and sometimes this may mean that in order to stop receiving commercial electronic messages from us altogether, you will need to opt out more than once).

7.3 Subject to clause 7.2, we will handle all opt-out requests in accordance with the Unsolicited Electronic Messages Act 2007.

8. YOUR RESPONSIBILITIES

General responsibilities

8.1 You agree to:

(a) comply with these Terms, follow the instructions and directions we provide about using the Services and only use the Services for lawful purposes;

(b) not interfere with our or anyone else's IT or communications systems, or use of the Services; and

(c) comply with all applicable laws and not breach our or any 3rd party's rights when using our Services.

Indemnity

8.2 You agree to indemnify us and/or our related companies, from and against any loss, damage, liability, costs or expenses (including legal expenses) suffered or incurred by us and/or our related companies, in connection with any breach by you of these Terms.

Account, passwords and security

8.3 You are responsible for maintaining the confidentiality of your account login details, including your username and password, and PIN.

8.4 You also agree to notify us immediately of any actual or suspected unauthorised use of your account, login details, PIN or other breach of security.

Your Devices and 3rd Party Services

8.5 If any devices, hardware or equipment supplied to you by someone else does not work properly, you need to contact the equipment supplier or manufacturer, rather than us, about the problem.

8.6 If you signed up to our Services with a 3rd party such as via a 3rd Party Offer, you are responsible for your relationship with all such 3rd parties and for all obligations and charges you owe to them as a result of using their services (such as broadband or mobile data charges, and electricity charges). If there is a problem with any service provided to you by such 3rd parties, you will need to contact them, rather than us, about the problem.

9. CONSUMER PROTECTION LEGISLATION AND LIABILITY

9.1 Nothing in these Terms affect your rights under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986. Except for liability under those Acts, if you are liable to us or we are liable to you in connection with these Terms for any reason, neither of us will have to pay the other more than:

(a) $500 for any event or series of related events; or

(b) $1,000 for all events in a 12-month period.

9.2 The liability cap in clause 9.1 will not apply to:

(a) either of our fraud or intentional breach; or

(b) a breach of clause 6.1, intellectual property infringement, or criminal activity by you or someone else using your account.

9.3 We will not be liable for any loss that is caused by you or by your failure to take reasonable steps to avoid or minimise your loss.

9.4 We will not be liable if any event beyond our reasonable control (e.g. an earthquake, internet outage or power failure) stops us from performing our obligations to you. However, we will,

(a) do our best to keep you informed about what has happened and how long we expect the event (and its impact) to last; and

(b) take reasonable steps to keep performing the Services where we reasonably can.

9.5 Where we use service and infrastructure providers to provide the Services, neither they nor their related companies, nor their employees or directors (Service Providers) have any liability to you in relation to Neon. You agree that this clause creates a benefit for the Service Providers that is enforceable by them under the Contract and Commercial Law Act 2017.

10. GENERAL

10.1 We may assign your account and the Services to any 3rd party as long as this does not affect your rights under these Terms. You must not assign or otherwise transfer your rights or obligations under these Terms to anyone else, without our prior written consent.

10.2 If any part of these Terms is found to be unfair or unenforceable, then it will be modified so as to be fair or enforceable (as the case may be), or if modification is not reasonably possible then it will be treated as deleted from these Terms, and the rest of these Terms will continue to operate.

10.3 If these Terms end for any reason it does not affect any rights and responsibilities which are intended to continue or come into force afterwards.

10.4 These Terms are governed by New Zealand law and the New Zealand courts shall have exclusive jurisdiction over any dispute arising under them.

10.5 In these Terms, "including" and similar words do not imply any limitation.