These are the WatchMe Terms (“Terms”). In these terms "we" and “our” means WatchMe or NZME and "you" means you, as a user of our WatchMe service.
These Terms govern your use of WatchMe and our relationship with you. When you create a WatchMe Account you accept these Terms.
WatchMe is a video on demand service that allows you to stream video content from our library over an Internet connection or watch that content on compatible devices supported by our service (‘Services’).
1.1 All you have to do to signup to WatchMe is register your name and your email address – and receive our eDM.
1.2 Whenever we provide Services to you we will try our best to provide them 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 the Services will be:
- interruption or fault free, or that any faults or errors will be able to be corrected;
- available at any particular time or location;
- available, or available without change, for any minimum period of time;
- secure or private.
1.3 We will always try to restore any Service outage as soon as we reasonably can.
1.4 Using our Services does not give you any rights to any part of our services or any Content.
2 USAGE RULES
2.1 You are granted a non-exclusive, non-transferable, non-sub licensable, revocable, limited license to stream the Content available to you on WatchMe. There is no sale of any Content, only a licence to stream Content in accordance with these Terms. Except for this limited licence, no rights, title or interests in any Content that you stream using our Services are transferred to you.
2.2 The selection of Content may vary over time. We may stop providing any particular Content, in whole or in part, at any time, without notice.
2.3 You are responsible for ensuring that any Content that is classified as restricted to certain ages, or only suitable for a specified audience, is only viewed by people of or over the specified age or in the specified audience.
2.4 To watch Content from WatchMe on a device:
- The device must be compatible with Watch Me and supported by the Service. See watchme.co.nz/what-is-watch-me to check if your device is supported.
- You may need to download, install and/or update a plugin. You may need to do so through a third party website.
2.5 WatchMe may change the interface and functionality of any Approved Device without notice.
Streaming and Data Usage
2.6 Watch Me is for your personal and non-commercial use only within New Zealand. Content is streamed to your device over the Internet and the quality of your experience may depend on factors outside our control, including but not limited to your Internet connection, the device you are using, Internet service outages and any other simultaneous usage on your Internet connection or device. Streaming Content may involve significant data usage. You are responsible for all your own Internet service charges and Watch Me accepts no responsibility for any charges arising from any data usage or internet charges incurred to use our Services.
2.7 You must:
- not use the Service, or display, access or transmit the Content, in any way that results in you or a third party breaching any laws, infringing any person’s intellectual property rights, including but not limited to copyright, or breaching these Terms.
- not and must not permit, authorise or assist any other person to download, copy, display, transfer, broadcast, stream, communicate or retransmit Content to another person, to the public, in a public area or onto any device other than an Approved Device, for a commercial purpose or outside New Zealand.
- not and must not permit, authorise or assist any other person to reverse engineer, create derivative works of, modify, disable or alter the Service and/or Content, nor may you remove, circumvent, alter, degrade, deactivate or thwart any security, encryption or anti piracy software or technology included in the Service or Content.
- 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.
- only and ensure that others only, stream and watch Content made available to you for personal, private use.
- 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.
2.8 We (and other service providers who work with us) own or are licensed to use intellectual property rights in all Content, graphics, text, audio/video clips, data compilations. digital downloads, logos, trade marks, photographs, images, tools, software, personal identifiers and anything else we use or make available to you in connection with our Services (together "Works"). These rights include, for example, all copyright, trade mark and design rights. All title, interest and rights (including but not limited to ownership and intellectual property rights) in these Works will remain in Watch Me and/or our providers. You acknowledge such title, interest and rights in these Works and will not take any action to jeopardise, limit or interfere in any manner with Watch Me's or our providers' title, interests or rights in these Works with respect to the Services, including, but not limited to, the unauthorised use of any Content, or WatchMe's trademarks or trade name.
2.9 Your use of any software provided by us is governed by the terms of the end user licence agreement, if any, which accompanies or is included with, or referenced in, the software. You may not install or use any software that is accompanied by or includes a licence agreement unless you first agree to the licence agreement terms, which agreement will be deemed to be given if you use the software. For any software not accompanied by a licence agreement, Watch Me grants to you a revocable personal, non transferable licence to use the software for viewing and otherwise using the particular Service in accordance with these Terms, and for no other purpose provided that you keep intact all copyright and other proprietary notices. Any reproduction or redistribution of the content and/or software is expressly prohibited.
2.10 You must not copy, distribute, license, transmit, publish, display, download (except temporary page caching required for personal use), modify, create derivative works from, or offer for sale any Works or any information located on or within the Watch Me website or Services without our express written consent. Your licence to use the Works in accordance with these Terms immediately cease upon the termination, suspension, expiration or cancellation of your Account for any reason.
2.11 WatchMe reserves the right to take all steps necessary to prevent the unauthorised distribution, copying, reproduction, broadcasting or communication of the Works.
Copyright and Related Exclusions
2.12 To the fullest extent permitted by law, you agree that Watch Me will not be responsible for copyright infringement and/or unauthorised access to or alteration of your communications or data, any material or data sent or received or not sent or received, any transactions entered into through use of our Services or our Websites, any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. You also agree that Watch Me is not responsible for any content sent using, or included in, our Service or websites by any third party.
3 INFORMATION ABOUT YOU
Collection of Information
3.1 While you have an agreement with Watch Me or any of our related companies (as defined in section 2(3) Companies Act 1993), you agree that Watch Me and other agents and service providers approved by us may collect personal information about you. Where possible the information will be obtained directly from you, but otherwise it may be provided to us by others (with your consent) or generated when you or anyone else uses our Services or the services of any service provider approved by us. You may decide whether to provide any information any of us requests from you. However, if you do not provide it, we and other NZME companies may not be able to provide our Services to you. You may ask to see personal information that we or any other NZME company holds about you and ask for any details that are wrong to be corrected.
Holding and Using Information
3.2 We, or our related companies, and, to the extent appropriate, any agents and service providers approved by us, may hold the information and share it to the extent appropriate with each other, with Watch Me employees, contractors and agents and selected business partners. This enables us and other NZME companies and agencies, and any service provider approved by us to provide our Services for you and others, help prevent and investigate fraud, keep you informed of services available to you and exercise any lawful right we or any of our related companies, our contractors, and selected business partners has.
3.3 From time to time we may send you sales and marketing information about Watch Me products and services. You can let us know at any time if you do not want to receive sales and marketing information by contacting us. Although we may publish aggregated information relating to your use of the Services, such as usage patterns, we do not disclose information in a form that could reasonably be expected to identify you, without your prior permission.
3.4 Personal information collected in relation to your use of the Services may be stored and processed in New Zealand or any other country in which we or our related companies or agents maintain facilities, and by using our Services, you consent to any such transfer of information outside of your country.
Disclosure of Information
3.5 We may disclose information about you or your use of our websites and/or Services without your prior permission if we have a good faith belief that such action is necessary to:
- Conform to legal requirements (including, but not limited to, requirements in accordance with any applicable law, regulation or government request) or comply with legal process, or to help maintain the law.
- Protect our rights or property or those of our related companies.
- Enforce these Terms or any specific product terms.
- Act to reasonably protect the interests of our, or our related companies, customers or others.
3.6 To the extent required by law, we may also disclose to copyright owners such information relating to your use of Services as may be required for such copyright owners to enforce their rights against you.
4 YOUR RESPONSIBILITIES
4.1 You agree to:
- Use the Services for your own personal and non-commercial use, and not for any commercial or business purpose.
- Ensure all information you give us is correct, and notify us immediately of any changes to your contact details.
- Follow the instructions and directions we provide about using the Service and only use it for lawful purposes.
- Comply with any directions given to you to reconfigure your equipment if we reasonably believe it is necessary to do so.
- Use our Services without gaining unauthorised access to or interfering with anyone else's computer or communications equipment.
- Use our Services without annoying anyone else, and without interfering with anyone else's use of our Services.
- Comply with all applicable laws, regulations, standards and codes when using our Services, including, but not limited to, the Copyright Act 1994, Privacy Act 1993, Fair Trading Act 1986, Defamation Act 1992 and the Crimes Act 1961, and not infringe a third party's rights.
- Not to copy, reproduce, publish, transmit, or broadcast the Service and/or any Content.
- Ensure that Content classified as restricted to only be viewed by persons of or over a specified age group (e.g.R16 or R18 or equivalent) is not viewed or accessed by those under the specified ages.
- Edit, delete or cease any future publication of any material or communication which we reasonably, and in good faith, consider to be unauthorised, misleading, objectionable, restricted, defamatory, illegal, inappropriate or contrary to these Terms, or detrimental to our reputation or to our brand, or a third party, and if you do not do so to our satisfaction, you agree that we may edit, delete, block or disconnect that material or communication ourselves.
- Not use the Services, or content or anything else provided by us or available on our websites, in any way that implies an endorsement, sponsorship or association either by us or by any other third party where you do not have a permission to do so, with any product, service, person or entity.
- Make sure everyone who uses the Services we provide to you, or does anything in relation to them, is also aware of, and meets, these responsibilities. Be responsible and liable for any use by any other person (authorised or unauthorised) of the Services we provide to you or under your Account, including any charges associated with that use and any consequences if such person misuses the Services, breaches these Terms or any other terms we publish in relation to the Services.
4.2 You agree to make sure everyone you are responsible for and who may use or do anything in relation to our Services provided to you also meets the responsibilities set out in these Terms.
4.3 You agree to indemnify Watch Me, its related companies, and its parent company from and against any loss, damage, liability, costs or expenses (including legal expenses) suffered or incurred by Watch Me, its related companies, or its parent company in connection with any breach by you of these Terms.
Your Devices and Other Services
4.4 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.
4.5 You are responsible for your relationship with all third party service providers you may engage to assist your enjoyment of our Services (for example your internet service provider and your electricity service provider) and all obligations and charges you may owe to them as a result of using their services (including but not limited to broadband or mobile data charges, and electricity charges). If there is a problem with a service provided for you by another supplier, you need to contact the other supplier about the problem.
5 CONSUMER PROTECTION LEGISLATION AND LIABILITY
5.1 As a consumer, it is important that you understand that any rights you may have, or obligations we may have to you, under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986 apply alongside these Terms, and are not impacted by anything in this clause 13. See www.consumeraffairs.govt.nz for more information about your rights.
5.2 If you are acquiring the Services for the purposes of a business as defined in the Consumer Guarantees Act 1993 you acknowledge that the provisions of that Act do not apply to the Services that that we provide to you under this agreement.
5.3 Your liability to us:
- you accept your liability to us for breach of contract or negligence, and
- you are not liable for any loss to the extent that it is caused by us (for example, through our breach of contract or negligence).
5.4 Our liability to you:
- we accept our liability to you for breach of contract or negligence subject to clause 5.9, and for our breach of consumer protection laws, such as the Consumer Guarantees Act 1993 and the Fair Trading Act 1986 to the extent they apply to you.
- we are not liable for any loss to the extent that it is caused by you (for example, through your breach of contract or negligence).
5.5 We are not liable to you for any indirect or consequential loss, or for any loss of profits, revenue, goodwill, business or anticipated business or anticipated profits or savings.
5.6 You may become aware that you have suffered loss before we do. If you suffer any loss as a result of this agreement, you agree to take reasonable steps to avoid or minimise your loss and that we are not liable for any loss that results from your failure to take reasonable steps to do so.
5.7 We aim to provide quality services to you at all times, and exercise reasonable skill and care in performing our obligations to you. However, if we are prevented from performing any obligation in these Terms by reason of any act of God, act of State, riot, insurrection, civil commotion, strike, sanctions, boycott, embargo or any other circumstance beyond our reasonable control, we will try to advise you of the existence of the circumstances and its expected duration, and the obligations that are impacted by the circumstances. Our performance of these Terms and provision of Services to you will, to the extent that it is made impossible or impracticable by such circumstances (despite us taking reasonable steps to provide the services), be suspended until such circumstances cease to exist. We are not liable to you for any failure or delay in performing any obligation set out in these Terms in the circumstances contemplated by this clause.
5.8 No other NZME company and/or third party supplier (including their officers, employees, contractors and agents) will be liable to you for loss or damage of any kind arising from your use of the Services. This clause creates a right and benefit that other NZME companies, network operators and/or suppliers can enforce as a defence to any claim.
5.9 If we or any of the other parties listed in clause 5.8 above are ever liable to you for any reason, the maximum combined amount we and all the other parties listed in clause 5.8 (together) will have to pay you and anyone else who uses the Services we provide for you (together), will be:
- $500 for any event or for any series of related events; and
- a total of $1,000 in respect of all events in any 12 month period, provided that you notify us of your claim within 12 months after you reasonably became aware of the occurrence of the relevant event or series or events that gave rise to your claim.
5.10 These limitations do not limit any rights you may have under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986.
6 MAKING CHANGES
6.1 Changes to Terms: From time to time we may need to change these Terms by changing or removing existing terms or by adding new ones. Changes may take the form of completely new terms. If we determine, acting reasonably and in good faith, that a change will have, or is likely to have a detrimental impact on you, we will give you at least two weeks’ notice of the change. We will tell you about any changes to the terms of this Agreement by emailing you, and will publish the change on our website. Your continued use of our Services after changes have been notified to you in this way indicates your acceptance of those changes. If you do not agree to the changes you may exercise your right to terminate this agreement.
6.2 Changes to Services: We may alter our Services from time to time. If we reasonably consider that a change to our Services is likely to benefit you or have a neutral impact on you we may make that change immediately and will tell you about the change as soon as possible after the change has been made by emailing you, and publishing the change on our website. Examples of changes that will benefit you include inclusion of additional types of content to the Services at no charge. Examples of changes that will have a neutral impact on include changing the name of Services.
6.3 If we alter our Services in a way that reduces the Service offering currently received by you and the change is within our control we will provide you one month's notice, of such alterations. However, if the change is outside our control, and it is possible, we will provide you notice of the change before it is made. If the change is outside our control and we are unable to provide you notice of the change before it is made we will provide you notice as soon as possible after the change has been made. We will tell you about any such alterations by emailing you, and publishing the change on our website.
6.4 We may change you to new Services if we consider, acting reasonably and in good faith, that you will be better off, and will give you one month’s notice of such a change by emailing you, and publishing the change on our website.
6.5 Right to Terminate: If you do not agree to any changes made in accordance with this clause, you may exercise your right to terminate this Agreement by ceasing to use the Services.
We may assign your Account, the provision of the Services, Watch Me and/or any Content and/ or these Terms and all rights and/ or obligations to any third party without notice for any purpose, including, without limitation, collection of unpaid amounts, or in the event of an acquisition, corporate reorganization, merger or sale.
8 WITHHOLDING, SUSPENDING OR RESTRICTING SERVICES
8.1 We may need to suspend the Service without warning if our Service need urgent maintenance or upgrading.
8.2 If we cease providing the relevant Service or Services and we may retain some information, data or other material that we hold in relation to your use of the Service or Services, including personal information, provided that this complies with the Privacy Act 1993.
8.3 If this agreement ends for any reason it does not affect any rights and responsibilities which are intended to continue or come into force afterwards.
9.1 We may have any of our related companies or WatchMe-approved agents perform our obligations under these Terms or any specific product terms.
9.2 This agreement is entered into by Watch Me on our own behalf and for the benefit of any of our related companies, and will, with any necessary modifications, apply to any of those related companies, and will be enforceable by them under the Contracts (Privity) Act 1982. Except as expressly stated, this agreement does not confer any rights on third parties and to the maximum extent allowable at law we will not, under this agreement, be liable in any way to any third parties.
9.3 Unless otherwise stated in these Terms, we may exercise our powers or rights at any time without prior notice to you.
9.4 The entire obligations of WatchMe in relation to the subject matter of these Terms are set out in (or are as referenced in) these Terms and you acknowledge that your use of the Services is not in reliance on any conduct, statement, representation or warranty made by WatchMe, or by any agent of Watch Me or by any other person not expressly recorded in these Terms or any applicable specific product terms.
9.6 WatchMe Services are provided under New Zealand law.