Terms and Conditions – BetterBox
These Terms and Conditions (“Terms”) govern your use of the BetterBox website, and any purchases made through it. By using our website, you agree to these Terms in full.
This agreement is made between: Better Vast Box, ABN: 30238331109 of 14/19-23 Macauley Place, Bayswater, VIC 3153, in the State of Victoria, Australia (hereinafter referred to as “the Company”) of the one part And The party named in Customer Details of the Schedule hereto (hereinafter with its successors or in the case of a natural person or persons his/her or their executors or administrators and/or his/her or their permitted assigns referred to as “the Hirer”) of the Other part. WHEREAS it is agreed that the Company will hire to the Hirer the satellite TV equipment (Set Top Box/Remote/Cables), hereto on the dates set out therein, at the rental shown therein, situated at the location shown therein, subject to the following terms and conditions:
1. Eligibility
You must be at least 18 years of age to make a purchase on our website.
2. Service and Product Information
The Company provides a equipment-hire service for the BetterBox set-top box. We make every effort to display accurate product descriptions, pricing, and availability. The Company reserves the right to modify or discontinue products or plans without prior notice.
3. Orders and Payment
All orders are subject to acceptance and availability. Payment must be made at the time of purchase. A weekly equipment-hire fees applies. All plans are paid 4-weekly. We accept major credit/debit cards and secure online payment options.
4. Payment and Subscription
The Hirer shall pay to the Company by direct debit, 4-weekly hire for the satellite equipment at the rate set out therein to be paid on 4 weekly anniversaries of the date hereto with the first payment to be made as shown therein. Such rental shall be payable 4 weekly in advance. All orders are subject to acceptance and availability. Payment must be made at the time of purchase.
5. Delivery Fee
On or prior to the delivery of the satellite equipment the Hirer shall pay to the Company the delivery fee as set out therein.
6. Arrears
If a rental payment remains 30 days or more in arrears, the Company reserves the right to refuse to supply or organise maintenance to rectify any repair or service issues with the equipment. All arrears must be brought up to date. Failed payments will automatically be re-debited post-failed payment. All additional costs for obtaining arrears will be forwarded onto the Hirer, including but not limited to external debt collection services.
7. Cancellation
The Hirer may terminate the agreement at any time, by giving the Company notice. Upon Cancellation you are required to return the box at your own cost, or a $500 lost-box fee will apply, if not returned. Your cancellation will take effect with the next payment, after receiving the return box.The Company shall have the right to cancel the agreement and retake possession of the satellite equipment if the Hirer fails to make any payment within thirty (30) days of the due date for payment or if the Hirer commits any breach of the terms of this agreement. The Company shall have the right to claim from the Hirer any damages, which it may suffer as a result of the failure by the Hirer to make payment, or the breach of any of the terms and conditions of this agreement by the Hirer. The Hirer shall be responsible for all costs associated with the return of the Satellite TV Equipment (Set Top Box/Smart Card/Remote/Cables). The Company will determine at its own expense and absolute discretion what to do with the external Satellite TV Equipment. The Hirer must continue to pay the hiring fees until the Satellite TV Equipment (Set Top Box/Remote/Cables) is returned to The Company. See point 4 for Damage or Loss of equipment.
8. Property
The satellite equipment remains the property of the Company and the Hirer shall ensure that the Company and its employees, servants agents and representatives or a person lawfully acting under, through or on behalf of the Company shall have access to the satellite equipment at all reasonable times and in the case of emergency (the decision in respect of which shall be in the reasonable opinion of the Company) at any time.
9. Insurance
The Hirer shall endeavor to insure the satellite equipment for fire, theft, breakage, accidental damage, and such other events as required by the Company. The satellite equipment shall be insured for the recommended retail price of AU$699.
10. Faulty Equipment
I understand that faulty equipment will be exchanged free of charge based. The Hirer must post the box, Smart Card and remote to Instal-Life’s head office at the Hirer’s expense to get an exchange item. I understand that a service fee may apply to equipment failure that is the result of incorrect usage.
11. Repairs and Non-Authorised Repairs
The Company will keep the satellite equipment in good repair by servicing (and if necessary repairing) faulty equipment at such times as the Company may in its absolute discretion see fit. The Hirer shall be responsible for all costs associated with the replacement of batteries and the returning of equipment to the Company. The Company will not accept any charges for any work carried out on the satellite equipment which has not been authorised by it and the Hirer is expressly forbidden to carry out or to authorise the carrying out of any service work on the satellite equipment without the consent in writing of the Company first.
12. Damage and/or Loss
The Hirer shall hold the satellite equipment on behalf of the Company and shall take all reasonable precautions to ensure that the satellite equipment is not damaged, defaced, misused or used for any other purposes other than the function of viewing free to air Christian satellite TV. The Hirer shall be responsible for all repair costs to return the satellite equipment to its originally supplied condition, fair wear and tear excepted. The Set Top Box is not available for sale, however, if the Hirer has lost or misplaced the equipment, the Hirer will be charged a fee of $500 to cover the cost of the set top box, SmartCard and remote. The Hirer shall notify the Company of any damage to the satellite equipment of any malfunction in the operation of the satellite equipment as soon as possible after the occurrence.
13. Satellite Equipment Remains the Property of the Company
Except to the extent necessary to enable the proper use of the satellite equipment or any part of it, the Hirer will not cause or permit the satellite equipment or any part of it to be affixed to any real property and if the satellite equipment or any part of it is at any time affixed to any real property it shall not thereby become or be deemed to become a fixture or part of the land but still be removable by the Company in accordance with the provision of this agreement notwithstanding such fixing and any costs incurred in such removal shall be borne by the Hirer. The Hirer shall ensure that the owner of the premises cannot treat the satellite equipment or any part thereof as a fixture or part of the land.
14. TV Channels / Content
To the extent permitted by law, in no event shall the Company be liable for any claim by the Hirer for loss or damages including, but not limited to, claims for faulty design, faulty installation, damage done on connection of the satellite equipment and or decoder box, defects in the satellite equipment and or decoder box, negligent or misleading advise, damages arising from loss or use of the satellite equipment and or decoder box, and any indirect special or consequential loss, damage, injury or death to any person or the property of any person, and to the fullest extent permitted by law you hereby release and indemnify the Company and forever hold us harmless against any such claim. The Company shall not be liable for default or failure in performance of our obligations under the agreement resulting directly or indirectly from acts of God, civil, or military authority, acts of public enemy, war, insurrection, accidents, fires, explosions, earthquakes, floods, the elements, power surges, strikes, labour disputes, shortage of suitable parts, components, materials or transportation or any other cause beyond our reasonable control.
15. Shipping and Returns
We aim to process and post orders promptly within 2 working days. Postage timing is dependant on Australia Post and your specific location. You may return the hire equipment at the end of your minimum terms, or continue hiring the BetterBox set-top box. Contact the Company for return instructions.
16. Warranties
That except for such conditions and warranties as are required by law, no condition, warranty or representation is given by the Company whether in relation to the condition, quality, safety or suitability of the satellite equipment and any express or implied condition in hereby excluded to the maximum extent permitted by law.
17. Intellectual Property
All content on this site, including images, text and logos is the intellectual property of Better Box and may not be used without written permission. The VASTTM is a registered trademark of Optus Satellite Network Pty Limited. All rights reserved.
18. Limitation of Liability
To the extent permitted by law, in no event shall the Company be liable for any claim by the Hirer for loss or damages including, but not limited to, claims for faulty design, faulty installation, damage done on connection of the satellite equipment and or decoder box, defects in the satellite equipment and or decoder box, negligent or misleading advise, damages arising from loss or use of the satellite equipment and or decoder box, and any indirect special or consequential loss, damage, injury or death to any person or the property of any person, and to the fullest extent permitted by law you hereby release and indemnify the Company and forever hold us harmless against any such claim. The Company shall not be liable for default or failure in performance of our obligations under the agreement resulting directly or indirectly from acts of God, civil, or military authority, acts of public enemy, war, insurrection, accidents, fires, explosions, earthquakes, floods, the elements, power surges, strikes, labour disputes, shortage of suitable parts, components, materials or transportation or any other cause beyond our reasonable control.
19. Privacy
All information given will be held in the strictest of confidence and be used only for Payment Authorisation and Customer Service action and to provide beneficial information to you where required.
20. Changes to Terms
We reserve the right to update these Terms at any time. Continued use of the website following any changes indicates your acceptance of the revised Terms. Please contact us via the contact form for any enquiries.