TERMS & CONDITIONS

Version 2 (27 December 2018)

By using our website or placing an order you agree to be bound by these terms and conditions (T&Cs). We reserve the right to change these T&Cs at any time. It is your responsibility to check for such changes.

References to “TVSN”, “we”, “us” or “our” are references to TVSN Channel Pty. Ltd. (ABN 96 111 806 958), its authorised representatives, or another company within the Direct Group grouping of companies (DG) (where applicable).

For further information, and if you would like a printed copy of these T&Cs, please contact the TVSN Customer Care team. Australia 13 23 10 or comments@tvsn.com.au, NZ 0800 101 301 or comments@tvsn.co.nz

1.Membership

  • 1.1The "Licence to SHOP Program" is the loyalty program operated by TVSN. On joining the Licence to SHOP Program, each member may collect benefits and qualify for awards by purchasing qualifying goods or services.
  • 1.2You acknowledge and agree that:
    1. Only individuals may be members of the Licence to SHOP Program.
    2. Membership of the Licence to SHOP Program is currently free (although TVSN reserves the right to charge for membership in the future).
    3. After issue, protection and security of usernames and passwords issued by TVSN under or in relation to the Licence to SHOP Program is the sole responsibility of the individual(s) to whom they are issued.
  • 1.3Memberships are made available at TVSN’s sole discretion and are governed by these T&Cs. Memberships are limited to one per individual and a maximum of four individuals per principal address. If TVSN become aware of an individual with more than one membership, TVSN reserves the right to combine all those individual’s memberships into one single membership.
  • 1.4An individual's membership purchases must be linked to that individual's permitted payment method(s). However, more than two memberships linked to a single credit card may be deemed by TVSN as being a single member. Any single member, whether deemed or actual, may use multiple payment methods provided that they are currently permitted payment methods.
  • 1.5You must promptly notify TVSN of any change of address or other contact details. If you fail to keep TVSN informed of your current address and other contact details, then TVSN will not be liable for delayed communications or deliveries, including the sending or receiving of voucher awards, unauthorised use of a membership, or the consequences of you not otherwise receiving postal or email communications in a timely fashion or at all.
  • 1.6TVSN may cancel a membership in the Licence to SHOP program if the relevant member:
    1. fails to comply with the T&Cs; or
    2. uses TVSN social media or digital platforms in a manner that is not in accordance with law, or is offensive, rude, defamatory or irrelevant; or
    3. abuses any privilege accorded to the member under the Licence to SHOP program; or
    4. through unlawful, excessive, frivolous or mischievous action causes TVSN to credit awards or otherwise provide benefits to memberships that are not in accordance with the T&Cs; or
    5. supplies any misleading information or makes any misrepresentations to TVSN in connection with the Licence to SHOP program, dies, or becomes bankrupt.
  • 1.7A member may terminate membership in the Licence to SHOP Program at any time by giving written notice to the TVSN Customer Care Manager by emailing to comments@tvsn.com.au. On receiving a notice of termination from a member, the member's contact details will be marked on the TVSN database as closed and membership details archived. Notwithstanding any other provision of these T&Cs or the Privacy Policy section of these T&Cs, you agree and consent such that (unless you advise us otherwise), after membership termination, we may retain such information as we have about you as at termination in our archives and may continue to use such information:
    1. at your request (including but not limited to in respect of reactivation of a membership, which reactivated membership is subject to these T&Cs); or
    2. as required or permitted by law; or
    3. for our (or our affiliates’) marketing purposes, provided that the information is used in anonymous and aggregated form.
  • 1.8Membership benefits are not transferable.
  • 1.9Any tax, liability, or duty of any kind arising from a member's participation in the Licence to SHOP program is the sole responsibility of the member.

2.Earning Benefits

  • 2.1Licence to SHOP (LTS) benefits, as amended from time to time, are detailed on our website(s) (www.tvsn.com.au, www.tvsn.co.nz). LTS benefits will be credited to a member’s LTS account for purchases by the member of qualifying product. LTS benefits may also be credited to a member's account for promotional and incentive programs offered by TVSN on occasion. TVSN will determine which of its products are LTS qualifying products and also the benefits that will be credited to a member’s LTS account for such purchases.
  • 2.2LTS benefits will be credited to the Licence to SHOP account:
    1. once the 40 day qualification period has elapsed; and
    2. only after either:
      1. full payment has been made; or
      2. upon TVSN’s receipt of the first instalment payment of the relevant transaction.
  • 2.3TVSN will deduct LTS benefits for products returned, refunded or cancelled.
  • 2.4LTS benefits and the rights they confer cannot be sold, transferred, assigned or otherwise dealt with except in accordance with these T&Cs. LTS benefits have no cash or monetary value.

3.Status Update Notification and LTS Benefits Program

“Anniversary Letter”

  • 3.1Periodically, TVSN will forward a Status Update Notification to each Platinum for Life, Platinum, Gold, Silver and Bronze member setting out the membership level, LTS benefits credited and LTS benefits available. TVSN reserves the right to alter or cancel the Program at any time and without compensation save as expressly provided for under or in relation to these terms and conditions. TVSN will make available revised (current) versions of the relevant Program documentation both via its website(s) and, upon request, in printed form but TVSN is not otherwise obliged to notify members or third parties of variations or cancellation and is not liable in any way for failure to do so.
  • 3.2The Status Update Notification as to a member's entitlement to claim an LTS benefit is conclusive in the absence of obvious error. In the event of a dispute about any details contained in the Status Update Notification, TVSN’s decision in such dispute is final and binding.
  • 3.3A member who has received a Status Update Notification on his or her membership account will have the relevant LTS benefit value credited to their membership automatically by TVSN.
  • 3.4If TVSN alters or cancels the Program at any time, TVSN will give members a reasonable period of time in which LTS benefits can be used. The right to use LTS benefits for a period of time after the Program is cancelled or altered is your only compensation in this regard.

LTS Benefit Scheme

  • 3.5LTS benefits will only be made available in the name of the member’s account and can only be redeemed for the purchase of goods through TVSN.
  • 3.6A LTS benefit is not redeemable for cash and cannot be cancelled or returned once issued.
  • 3.7A LTS benefit may only be used for new purchases, and cannot be deducted from existing orders or applied against Easy Payments instalments.
  • 3.8If the full amount of the LTS benefit is not used in one transaction, the balance of the benefit will remain on the customer’s membership up until the defined expiry date. The balance will not be refunded.
  • 3.9TVSN is not liable for any loss or theft of any LTS benefits. If TVSN agrees to replace a lost or stolen benefit, the member must comply with such conditions as TVSN imposes.
  • 3.10LTS benefits expire 90 days from the issuance of the Status Update Notification. TVSN is not liable for any LTS benefits not being redeemed either within time or for any other reason whatsoever.
  • 3.11Refunds or credits for product purchased through redemption of LTS benefits will be credited to the member’s account. Credited LTS benefits will be available for 60 days from the date of TVSN processing the refund or credit transaction. Credited LTS benefits will only be reinstated a maximum of 2 times.

Additional Benefits

  • 3.12Additional benefits are available at TVSN’s discretion during limited periods as advised by TVSN from time to time.
  • 3.13Additional benefits will be rewarded for a member shopping during the limited period stated by TVSN at its sole discretion. These promotions are run on Australian Eastern Standard Time.
  • 3.14Additional benefits will be credited to the Licence to SHOP membership as stated in paragraph 2.2 above.

4.Other deductions for benefits

  • 4.1In addition to deductions for awards claimed, TVSN has the right to deduct from a members account LTS benefits credited in error.

We want you to be 100% satisfied with your TVSN shopping experience. We have confidence in the quality of our products and believe you'll be happy with your choice, but if for some reason you need to return something, go right ahead. We stand behind our products with our 30-Day Money Back Guarantee.

5.Can I return an item?

  • 5.1As a consumer, you are entitled to the benefit of statutory consumer guarantees. If you believe an item is faulty, not of acceptable quality, does not match the description provided or is not fit for purpose, you might be entitled to a remedy under the consumer law (of either Australia or New Zealand). Consumer guarantees do not apply where the product was damaged due to abnormal use or misuse.
  • 5.2(AUS) Our 30-Day Money Back Guarantee policy is a "voluntary" policy that covers products purchased and is in addition to your statutory rights under Australian Consumer Law. Your statutory rights under the Australian Consumer Law apply to products and to bonus offers.
  • 5.3(NZ) Our 30-Day Money Back Guarantee policy is a “voluntary” policy that covers products purchased and is in addition to your statutory rights under the Fair Trading Act and the Consumer Guarantees Act. Your statutory rights under the Fair Trading Act and the Consumer Guarantees Act apply to products and to bonus offers.
  • 5.4Send the entire item/s back to us within 30 days after receipt (please see How do I return an item) and we will either replace the product, issue you a credit voucher or refund its purchase price, approximately 30 days after we receive your product back in the TVSN warehouse.
  • 5.5If you would like to exchange an item please call Customer Care on 13 23 10 (AUS) or 0800 101 301 (NZ) to ensure the replacement item you would like is available. If you are returning a product for an exchange you are responsible for both the return postage and the postage for the new order.
  • 5.6If you wish to return a product that contains a latent defect, has been damaged during shipment to you, or which has been sent to you in error, we request you contact Customer Care on 13 23 10 (AUS) or 0800 101 301 (NZ) and we will provide you with a "reply paid" address. If during the assessment process an item returned "reply paid" does not contain the defect claimed, or has not been sent in error, the cost of the return postage will be deducted from your refund.
  • 5.7Where an item is purchased with a bonus offer, the bonus must also be returned prior to a refund for the primary product being processed. This is because the provision of the bonus offer is conditional on you purchasing and not returning the primary product. If you are unable to return the bonus offer product or it is not in saleable condition, please contact us, so that alternative arrangements may be put in place.

6.How do I return an item?

  • 6.1TVSN must receive your return within thirty (30) days from the date of receipt:
    1. in its original condition and packaging with all product components included. In the event the product included a bonus offer, the bonus item must also be returned in its original condition and packaging with all product components included.
    2. together with original proof of purchase; and
    3. returned with the original tags in place and in original condition. Products that are worn or otherwise damaged will not be accepted.
  • 6.2Include the completed Return Advice Form with the returned product and attach the return address label to the outside of the shipping box. Please ensure the original shipping label is removed.
  • 6.3When items are received without the Return Advice Form, we reserve the right to issue a credit voucher as full and final satisfaction of the return.
  • 6.4You must pre-pay all returns postage. We recommend that you return the product via Australia Post Registered Post, with shipment registration and insurance. You assume any and all risk of loss, theft or damage to goods during return transit.
  • 6.5To return jewellery items valued over $3000 please call our Customer Care team on 13 23 10 (AUS) or 0800 101 301 (NZ).
  • 6.6If you would like to access our 30-Day Money Back Guarantee in relation to consumable products, please note that if TVSN believes an unreasonable portion has been used, TVSN may apply clause 6.7 and not accept the return.
  • 6.7TVSN trusts that all returns are made in good faith. If, however, TVSN has reason to believe that the 30-Day Money Back Guarantee policy is being abused or that a return is otherwise not being made in good faith for whatever reason, we reserve the right to refuse to accept the return of our products under the 30-Day Money Back Guarantee. TVSN's decision in relation to this, is final.
  • 6.8(AUS) Nothing in these T&Cs should be interpreted as affecting any statutory rights under Australian Consumer Law regarding refunds and returns (for example, faulty or damaged products). (NZ) Nothing in these T&Cs should be interpreted as affecting any statutory rights under the Fair Trading Act and the Consumer Guarantees Act. All other terms and conditions above will apply to the maximum extent permitted by law. We reserve the right to alter these terms and conditions at any time without further notice.

    Australian Return Orders:
    TVSN Returns
    PO Box 6024
    CHULLORA NSW 1405 AUSTRALIA

    New ZealandReturn Orders:
    TVSN Returns
    Private Bag 208048
    High Brook
    Auckland 2161 NEW ZEALAND

7.Payment

  • 7.1Members may pay for products and delivery charges by those means (including but not limited to credit cards and debit cards) which TVSN may permit in its sole discretion, from time to time (permitted payment methods) and, subject always to TVSN’s exercise of its overriding sole discretion to grant or withhold Easy Payment facilities to a member, either in whole or in part.
  • 7.2If a member seeks to make a card payment in the full amount or against a first Easy Payment, and the relevant card payment is rejected or declined for any reason, TVSN reserves its rights under these terms and conditions to reject the relevant order either in whole or in part.
  • 7.3If a member elects to pay by Easy Payments (where offered), that member agrees to pay the full amount over the specified time frame as set out in the payment schedule on the Product receipt (unless the relevant ordered Product is validly returned under and in accordance with these T&Cs). TVSN reserves the right to make any changes or place limitations regarding the number of Easy Payments transactions a member may have "open" concurrently.
  • 7.4A member may only have one Easy Payments item per order except in the event where the identical product and product number has been ordered. Where different product across varying product numbers has been ordered the order will be split out in to separate Easy Payments orders and Easy Payments facility fees, packaging, handling, postal charges and delivery surcharges (including but not limited to regional surcharges and bulky good surcharges will be applied to each separate order).
  • 7.5If a member defaults on a second or subsequent Easy Payment and such payment made by card, TVSN will attempt to seek payment a second time. However, if the relevant card payment is declined on the second attempt, a fee of $8.95 (inclusive of GST) will be charged and the member deemed to be in payment default.
  • 7.6If a member pays by cheque in full payment and the cheque is dishonoured or otherwise does not clear, the member is deemed in default on payment.
  • 7.7If a member continues to be in default on payment, TVSN may refer the member's details to TVSN's debt collection agency. TVSN may also, at its sole discretion, immediately make a demand for payment of:
    1. the outstanding instalments that are currently due for payment;
    2. any fees and charges relating to processing of the payment; and / or
    3. any remaining unpaid amounts that would otherwise have become payable as future instalments.
      Until the debt is paid in full, the member's account will remain on hold and no further orders will be taken.
  • 7.8In addition to TVSN’s right under clause 7.7 above, if a member continues to be in default on payment, TVSN may, at its sole discretion add to the member’s account as a debt due and payable in addition to the then outstanding balance:
    1. direct costs incurred by TVSN in engaging a debt collection agency to recover the debt, and
    2. interest on the debt for each day it remains outstanding in an amount equal to the Commonwealth Bank of Australia’s then interest rate for unsecured business loans, and
    3. the amount of any reasonably incurred legal fees and associated costs incurred by TVSN in seeking to recover the debt.
  • 7.9TVSN reserves the right to re-submit any late payment instalment at any time after any late payment or default. In the event that the full instalment of a late payment cannot be deducted, TVSN reserves the right to deduct any amount less than the value of the due amount until the debt is paid in full.
  • 7.10TVSN reserves the right to refuse to process a payment against a credit card after the second attempt (or in relation to a dishonoured or otherwise non-cleared cheque).
  • 7.11TVSN will not accept an Easy Payments order by credit/debit card if the credit/debit card expires ahead of the last instalment payment date except in circumstances where the new expiry date is provided.
  • 7.12Notwithstanding clause 7.11 above, where a credit/debit card expiry date has or is about to expire, we may attempt to calculate the new expiry date and continue to process the transaction.

8.How do I receive my refund?

  • 8.1Your refund will be processed in the same way that you paid for your purchase. For instance, if you paid by credit card, the same credit card will be refunded. You may elect via the Return Advice Form to be refunded with a refund voucher, which allows you to use your refund to help purchase other items.

Refund Vouchers

  • 8.2Refund vouchers will only be applied to the membership account that made the order and can be redeemed for the purchase of goods through TVSN.
  • 8.3If the full amount of the refund voucher is not used in one transaction the balance of the refund voucher will remain on the membership.
  • 8.4Refund vouchers may only be used for new purchases and cannot be deducted from existing orders or applied against Easy Payments instalments.
  • 8.5Upon request, a refund voucher or balance of a refund voucher can be transferred to a valid credit or debit card.

9.TVSN Gift Cards (Including Virtual Gift Cards)

  • 9.1Gift Cards can be used as full or partial payment for the purchase of goods through our website(s): TVSN.com.au, TVSN.co.nz or other modes as defined by TVSN . They can also be used by calling the Customer Care Team on 13 23 10 (AUS) or 0800 101 301 (NZ).
  • 9.2Gift Cards or Virtual Gift Cards are not redeemable for cash and cannot be cancelled or returned once issued.
  • 9.3The value or the balance of a TVSN Gift Card or Virtual Gift Card cannot be transferred to a new TVSN Gift Card or a TVSN Virtual Gift Card.
  • 9.4is unable to cancel a Gift Card or Virtual Gift Card once issued.
  • 9.5Lost or stolen cards, illegible or defaced cards will not be replaced or refunded.
  • 9.6Gift Cards or Virtual Gift Cards cannot be used on existing orders or outstanding Easy Payments – they can only be used for new purchases.
  • 9.7the full amount of the TVSN Gift Card or Virtual Gift Card is not used in one transaction, the balance of the Gift Card or Virtual Gift Card will remain on the customer’s membership for the next purchase. The balance will not be refunded.
  • 9.8TVSN Gift Card or Virtual Gift Card will expire in 3 years from the date of issue. Once expired, the value of a TVSN Gift Card or TVSN Virtual Gift Card any remaining balance will expire and not be refunded or credited.
  • 9.9T&Cs (eg for the Licence to SHOP program) apply to any transaction involving a TVSN Gift Card or Virtual Gift Card.
  • 9.10check the balance of a TVSN Gift Card or virtual Gift Card, call our friendly Customer Care Team 13 23 10 (AUS) or 0800 101 301 (NZ)).

10.General

  • 10.1TVSN reserves the right to make any variation to these T&Cs from time to time where we consider it reasonable and necessary to do so. Any new terms will be displayed on our website (and are available upon request in printed form) and by continuing to use and access the website following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these T&Cs from time to time to verify such variations. You acknowledge and agree that, by placing an order at or after such variation, you are bound by the T&Cs as varied.
  • 10.2Information concerning members including information as to transactions resulting in benefits, credits and debits will be held in a database for TVSN. The TVSN database may also contain other member and membership information as specified in the Privacy Policy section of these T&Cs. TVSN may, at its discretion, ask a member to provide further identification information where TVSN is unable to confirm customer details by other means in order to detect and prevent fraud.
  • 10.3All conditions and warranties, arising as to the condition, suitability, quality, fitness or safety of any product supplied by TVSN are expressly excluded to the fullest extent permitted by applicable law. If a product supplied by TVSN fails to meet a consumer guarantee, TVSN is obliged to:
    1. when there is a major failure, provide you with a replacement or refund; or
    2. where there is a minor failure, repair the product. If a repair service is not available a refund or replacement product will be issued
  • 10.4The liability that TVSN may have to you whether for negligence, breach of contract or otherwise is limited:
    1. the case of any claim relating to benefits, to crediting those benefits to the member’s account.
    2. In the case of any claim relating to an LTS voucher, to crediting the correct value of the LTS voucher shown in the "Anniversary Letter" as necessary to claim that LTS voucher.
    3. In any other case, to a maximum of five per cent (5%) of the value of the relevant order.
  • 10.5An individual notice shall be deemed to be given by TVSN to a member if it is sent to the postal or email address of the member appearing in the TVSN database. TVSN may also give general notices affecting some or all members through its website(s) or through such other channels of communication under its control as TVSN, in its sole discretion, deems appropriate.
  • 10.6It is expressly agreed and declared that product remains the sole and absolute property of TVSN as legal and equitable owner until all monies owing to TVSN in respect of the relevant product order(s) have been paid. Products are deemed to be at your risk from the time of delivery to your specified delivery address.
  • 10.7TVSN reserves the right to accept or reject any order it receives either in whole or in part, for any reason or no reason, and in its sole discretion.
  • 10.8A member may cancel an order without charge if they notify TVSN prior to TVSN processing that order for despatch. TVSN provides various means for cancellation to be communicated to it, including phone but the sole risk and responsibility lies on the member to confirm cancellation with TVSN ahead of the order being processed for despatch. If a member wishes to return a product after an order has been processed, this can be done in accordance with these T&Cs, please see clause 5 above in relation to ‘Can I return an Item?’.
  • 10.9A member may only change a delivery address under or in relation to an order prior to despatch of the corresponding product. TVSN may provide various means for change of address to be communicated to it but the sole risk and responsibility lies on the member to confirm change of address with TVSN ahead of the relevant product being despatched.
  • 10.10TVSN will seek to indicate through its website(s), on-air, the IVR, Customer Care and other means of communication whether or not pricing of product includes or excludes delivery charges (including but not limited to packaging, postage & handling, postal charges and delivery surcharges of couriered items to non-metropolitan areas as defined by TVSN).
  • 10.11TVSN endeavours to provide accurate, timely and up-to-date pricing for product and delivery charges (including but not limited to packaging, postage & handling, postal charges and delivery surcharges of couriered items to non-metropolitan areas as defined by TVSN) but you acknowledge that errors or omissions may occur in pricing from time to time.
  • 10.12TVSN will, where relevant and commercially reasonable, seek to provide reductions on delivery charges (including but not limited to packaging and handling charges) where possible. All responsibility for delivery services lies with the relevant delivery service provider (currently Australia Post/NZ Post and their affiliates), including but not limited to timing, point of delivery and charges. Where special delivery services (including but not limited to express delivery services, bulky item delivery services or courier services) are required to make delivery, you acknowledge that these may incur additional charges.
  • 10.13TVSN is not able to combine multiple-orders into one despatch due to system processing limitations.
  • 10.14This website (TVSN.com.au and TVSN.co.nz) and all intellectual property rights in it including but not limited to any content are owned by TVSN. Intellectual property rights means rights such as: Copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). Nothing in these T&Cs grants you any legal rights in the website other than as necessary to enable you to access the website. You agree not to adjust, try to circumvent or delete any digital rights or other security technology contained within the website.

11.Miscellaneous

  • 11.1Each time you place an order with TVSN or otherwise transact with TVSN under or in relation to these terms and conditions, you represent and warrant that:
    1. you agree to be bound by these T&Cs (as varied from time to time), such that there exists a legally enforceable agreement between you and TVSN;
    2. that you are able to form legally binding contracts under applicable law; and
    3. if you are placing an order on behalf of any other person(s), you are duly authorised to enter into a legally binding agreement on behalf of the relevant person(s), that the relevant person(s) will abide by the provisions of the such agreement and the relevant person(s) will indemnify us against their failure to abide by the provisions of such agreement.
  • 11.2Notwithstanding any other provision of these T&Cs, you agree and give your consent such that:
    1. TVSN may undertake such credit checks as it regards as reasonable in its sole opinion to determine your creditworthiness at any time without notice;
    2. TVSN may undertake address verification checks as it regards reasonable to verify your address details correlate with those attached to your account at any time without notice; and
    3. in the event of any default on payments owing by you or on your behalf to TVSN in respect of any order for product or otherwise under or in relation to these terms and conditions, TVSN may, at its sole discretion, report such default to one or more credit rating agencies.
  • 11.3Our failure to insist upon or enforce strict performance of any provision of these terms and conditions or any agreement arising under or in relation to these T&C (resulting agreement) is not be construed as a waiver of any provision or right. Any waiver of any provision or right will be effective only if in writing and signed by us.
  • 11.4These terms and conditions, together with any resulting agreement, are made under the laws of the State of New South Wales and any claims or disputes of any kind whatsoever arising under or in relation these terms and conditions or any resulting agreement are governed by those laws. You irrevocably consent and submit to the non-exclusive jurisdiction of the courts of the State of New South Wales and any courts competent to hear appeals from those courts in relation to these terms and conditions or any resulting agreement and any claims or disputes arising under or in relation to these terms and conditions or any resulting agreement.
  • 11.5Headings in these terms and conditions are for reference purposes only and in no way define, limit, construe or describe the scope or extent of sections or provisions within these terms and conditions.
  • 11.6If any terms or provisions arising under these terms and conditions or any resulting agreement are unenforceable for any reason, the affected portion is deemed severed and the remainder shall remain in full force and effect.

12.Introduction

  • 12.1This privacy policy (Policy) is part of our T&Cs, and is issued by TVSN Channel Pty Ltd ABN: 96 111 806 958 (TVSN, we, us or our), a company in the Direct Group grouping of companies (DG), for individuals whose personal information we hold (you or your) and describes the way we manage your personal information, including:
    1. the kinds of information that we collect and hold;
    2. how we collect and hold personal information;
    3. the purposes for which we hold, use and disclose personal information;
    4. how you can access personal information we hold about you and seek correction of such information;
    5. how you can lodge a complaint if we breach the applicable privacy principles (or any related code of practice that binds us) and how we will handle such a complaint; and
    6. the circumstances under which we may disclose your personal information to overseas recipients.
  • 12.2The Policy also details how we may collect and use non-personally identifiable information about your browsing and or use of our website/s.
  • 12.3This Policy is made available without charge at www.itvsn.com.au or www.tvsn.co.nz or you may request a copy in another form by writing to us:
    1. by email to comments@tvsn.com.au
    2. by post to:
      TVSN Channel Pty Ltd
      Locked Bag 5012
      FRENCHS FOREST NSW 2086 AUSTRALIA

13.Applicable Law

  • 13.1TVSN is committed to compliance with privacy principles throughout the world including the “The General Data Protection Regulation”. If you have any concerns you can email us at comments@tvsn.com.au and we will do our best to respond to your questions.
  • 13.2In relation to the personal information of Australian residents, this Policy is issued to comply with the Privacy Act 1988 (Cth) as amended, applicable related regulations as amended, applicable related codes of practice as amended and successors to any of those (Australian Law). For convenience, ‘(AUS)’ indicates provisions of this Policy applying exclusively to Australian residents.
  • 13.3In relation to the personal information of New Zealand residents, this Policy is issued subject to the Privacy Act 1993 (NZ) as amended, applicable related regulations as amended, applicable related codes of practice as amended and successors to any of those (New Zealand Law). For convenience, ‘(NZ)’ indicates provisions of this Policy applying exclusively to New Zealand residents.

14.Collection of Information

  • 14.1TVSN and DG only collects and stores your information if there is a legal basis to do so, such as:
    1. you have given TVSN your consent;
    2. you wish to make a purchase from us; or
    3. another legal basis under Australian or New Zealand Law.
  • 14.2Occasionally, we may collect personal information about you from someone else. For example, someone may give us your name and address if they have purchased a gift for you and/or would like us to deliver a gift to you. If you provide us with personal information of another person, such as a gift recipient, you agree to take reasonable steps to ensure that person is made aware of the matters set out in this Policy and they understand how their details will be used.

What kinds of information do we collect and hold?

A.Personal information.
  • 14.3This is the basic information we collect about you like your name, your address and your contact information (e.g. email, phone, mobile, fax, etc.) and other information that may identify you.
  • 14.4Sometimes, you may voluntarily disclose other information to us in the course of your dealings with us or with our representatives. If this information comprises or contains one or both of unsolicited personal information or sensitive personal information, such information will be further dealt with as set out below.
  • 14.5TVSN will only ever collect your personal information in accordance with our Policy and as agreed between yourself and us.
B.Personal Data
  • 14.6This can include, passwords, emails or other digital information and, if you make payment to us or receive payment from us, your credit card information, debit card information, EFT information, bank account and similar financial information.
  • 14.7We will only collect sensitive personal data only when there is a specific need to do so and with your express consent.
  • 14.8With your consent personal data may be collected and stored electronically for future transactions.
  • 14.9You may request TVSN to remove credit card information, debit card information, EFT information, bank account and similar financial information by calling 13 23 10 (AUS) 0800 101 301 (NZ) once this request has been actioned you will be required to re-enter payment details for each subsequent purchase.
  • 14.10You also have the right to the erasure of your personal data where:
    1. the personal data is no longer necessary in relation to the purposes for which they were collected or processed;
    2. you withdraw consent for us to use or keep the personal data and there is no other legal ground for us to use or keep the personal data; or
    3. the personal data has been unlawfully processed.

How we collect information

  • 14.11Generally, we collect your personal information directly either from you (when you provide your contact details to us in letters, emails, faxes, phone calls, social media postings and other online postings) or from third parties. We also collect information about you indirectly through browser tracking cookies, mobile app reporting and webpage pixel tags and any other online activities when you use our website and apps.
  • 14.12To the extent it would be impracticable to obtain consent directly from you, we also collect other personal information about you from time to time from third party sources where it is relevant to the conduct of our business functions and activities (such as credit scoring information and consumer preference information).
  • 14.13Please note that most of the information we collect indirectly is not personal information (since it cannot identify you individually) but some may be (especially when held or used in combination with other information we hold about you).
  • 14.14Please note that as we expand and extend the digital platforms and other software tools we make available to you, we may collect device-specific information (e.g. information relating to a specific phone or tablet), log information, GPS/WiFi location information and other tracking information; such information may also constitute personal information if it identifies you.

How we hold information

  • 14.15We treat the storage of your information seriously and aim to ensure we securely store any information we may hold about you. In addition to storing your letters and faxes in physical files, we use a number of electronic systems to record and store your personal and other information, this can include call recording systems, customer notes systems, customer database systems and web database systems (including online forms and/or online ordering).
  • 14.16If we store sensitive personal information or personal information for any reason it is only to meet the needs of a particular program or activity and any applicable legislative requirements. If that purpose is no longer applicable, sensitive personal information is deleted, we may still keep your email or contact information in order to supply to you newsletters or other marketing information.
  • 14.17We do not knowingly collect or store any personal information about children under the age of 16. If you are aged under 16 please get your parent or guardian’s permission before you provide any personal information to us.

The purposes of collection, holding, use and disclosure of information

  • 14.18Along with the general purpose of allowing us to carry out our business activities and functions, we collect your personal information to enable us to organise and carry out:
    1. Better access for you when using our website(s)
    2. Personalisation of the website for you.
    3. Communication with you.
    4. Shipping and supply of our products (to you)
    5. Receipt (or making) of payment and associated payment processing including collection and storage of credit card information, debit card information, EFT information, bank account and similar financial information for future transactions based on your consent to do so. We protect cardholder data by the implementation of strong access control measures.
    6. Issuing invoices and account statements
    7. Issuing responses to your queries
    8. Recovering defaulted payment or monies owed (NB in the event that there is defaulted payment or monies owed by you to us, we may share relevant personal information with credit agencies and/or our debt collection agents)
    9. Competitions and special promotions
    10. Issue of refunds, credit notes, discount vouchers, reward vouchers and similar benefits
    11. Customer mailhouse operations
    12. Targeted mailing
    13. Drop shipping or courier delivery of products (for bulky or specialist items)
    14. Product personalisation (if available)
    15. Address verification
    16. Credit scoring
    17. Use of internal and external business analytics tools (e.g. Google Ads or Adwords)
  • 14.19In addition to standard business activities and the above, we will store the personal information and personal data provided to pre-populate fields on TVSN website(s) to make it easier for you to use the website(s) when making return visits.
  • 14.20Please note, if you do not provide us with some or all of the personal information we require (or the information you supply is materially incorrect or false) then it may not be possible for us to deal with you or continue to deal with you for the purposes listed above. In some cases (e.g. in relation to an account giving website access), supply of incomplete or incorrect information may lead to reduced functionality and/or restricted access to facilities that we provide (or may provide in the future).

15.Collection of non-personally identifiable information

  • 15.1TVSN may, at any time, utilise advertising and marketing analytics collection services to collect information about user habits and use of our digital platforms. This information does not and will not contain, or be used to identify personal information about any individual who browses or utilises any website or function of a website maintained by TVSN. Information that may be collected and stored in the cookie may include your IP address, Internet Service Provider information and usage statistics. This is all other non-personal information that relates purely to generic statistics – whether that be via use of electronic mediums such as website(s) , or through participation statistics in our programs and activities.
  • 15.2The information or data collected through the use of cookies, a small file saved onto user’s devices to store website preferences and other information, may allow TVSN to identify patterns or other analytical information from that data. Those patterns may be used by TVSN or third parties on any of TVSN’s website(s) to tailor advertising and marketing however this information will never include personal information collected from you via other means.
  • 15.3TVSN may use cookies saved to your device/s by TVSN’s website(s), information relating to your usage will be stored and may be accessed by other website(s) also utilising Google Analytics.
  • 15.4You may opt-out from the use of cookies at any time by visiting Google’s Ads Settings, or by changing the security settings on your browser. Note that disabling or otherwise blocking the use of cookies may inhibit your use of certain website(s) and features operated by TVSN. TVSN will not collect phone numbers, email addresses, credit card or other financial information or any other sensitive or personally identifiable information through these means. Any personal information collected by TVSN under other areas of this Policy will not be used for remarketing purposes in connection with non-personally identifiable information without your express consent.

16.Use or Disclosure

  • 16.1Unless we obtain your further recorded consent, we will:
    1. only use or disclose your personal information for the purposes permitted or required by applicable law and otherwise in accordance with this Policy, and
    2. not allow third parties to hold, use or disclose personal information we collect from you except for purposes permitted or required by applicable law and otherwise in accordance with this Policy.

Restriction on sale, rental or transfer

  • 16.2We will not sell, rent or otherwise transfer your personal information to a third party except where:
    1. such sale, rental or other transfer is part of a larger transaction affecting us (e.g. sale of the business, sale of shares, company group reorganisation, etc.);
    2. the information sold, rented or transferred has been anonymised or otherwise de-identified (such that it is no longer personal information); or
    3. the sale, rental or other transfer is covered by one of the limited and specific exceptions set out below or is listed within this Policy.

Our representatives and Service Providers

  • 16.3We utilise a number of individuals to carry out business functions and activities on our behalf including not only employees but also contractors, sub-contractors, agents and commercial representatives expressly affiliated to us (all collectively being representatives). All of these representatives and service providers comply with this policy.
  • 16.4Our technical service providers are obliged to respect your privacy and confidentiality and comply with our Policy.
  • 16.5You consent to our disclosure of your personal information to our representatives other than our employees, and to the use and disclosure of your personal information by such representatives when it becomes necessary to enable them to carry out business functions and activities on our behalf.
  • 16.6Our external technical service providers (e.g. Google) provide us with ICT-related services and products and are obliged to respect your privacy and confidentiality and comply with our Privacy Policy. To the extent that our technical service providers hold, use or disclose your personal information in connection with providing their services to us, you consent to such use and disclosure and our disclosure to them of your personal information.
  • 16.7In addition to our technical service suppliers, we use a number of other service providers to support business functions and activities, including couriers and suppliers. These service providers are obliged to respect your privacy and confidentiality and comply with our Policy. To the extent that our other service providers hold, use or disclose your personal information in connection with providing their services to us, you consent to such use and disclosure and our disclosure to them of your personal information.

Direct Group Pty Ltd

  • 16.8Although we have our own software and platforms Direct Group Pty Ltd (DG Group PL), the DG group parent company, provides TVSN with the ICT hardware (including virtualisation) and network infrastructure that we use to operate our software and platforms.
  • 16.9Except where there are specific technical reasons for it (e.g. testing and maintenance), DG Group PL will not normally have access to your personal information. However, you consent to our disclosure of your personal information to DG Group PL and to the use, disclosure and storage of your personal information by DG Group PL, when necessary to conduct its functions and activities as our parent company and/or to provide ICT infrastructure to us.

DG companies other than Direct Group Pty Ltd

  • 16.10Our software, software platforms and records systems are separate from those of other DG companies and, we will not disclose your personal information to other DG companies other than DG Group PL except where:
    1. the information in question has been anonymised or otherwise de-identified (such that it is no longer personal information); or
    2. the nature of your dealings with TVSN is such that you may reasonably expect us to disclose your personal information to other DG companies;
    3. you consent to our disclosure of your personal information to other DG companies.
  • 16.11Only to the extent of the limited exceptions set out above, you consent to our disclosure of your personal information to DG companies excluding DG Group PL and to their holding, using or disclosing your personal information.

Business affiliates

  • 16.12In addition to our representatives and service providers, we have commercial arrangements with a number of industry partners and other reputable business affiliates.
  • 16.13Our business affiliates are obliged to respect your privacy and confidentiality and comply with our Policy.
  • 16.14We will not disclose your personal information to our business affiliates except where:
    1. the information in question has been anonymised or otherwise de-identified (such that it is no longer personal information); or
    2. the nature of your dealings with TVSN is such that you may reasonably expect us to disclose your personal information to our business affiliates;
    3. you consent to our disclosure of your personal information to our business affiliates.
  • 16.15Only to the extent of the limited exceptions set out above, you consent to the disclosure by us of your personal information to our business affiliates and to their holding, using or disclosing your personal information.

Overseas use or disclosure

  • 16.16A number of our service providers and business affiliates are located overseas including the United States, the United Kingdom, New Zealand (in so far as Australian residents are concerned) and Australia (in so far as New Zealand residents are concerned).
  • 16.17To the extent that applicable law requires your consent to our transfer of your personal information to our service providers and business affiliates overseas, you consent to such transfer and to subsequent use and disclosure of your personal information by our overseas service providers and overseas business affiliates when necessary for them to provide their services and honour their commercial arrangements with us respectively.
  • 16.18(NZ) In addition to the business operations of our service providers and business affiliates being overseas, we ourselves are principally located overseas, being based in Australia.
  • 16.19To the extent that applicable law requires your consent to overseas transfer of your personal information to us, you consent to such transfer and subsequent use or disclosure by us consistent with this Policy and with applicable law.

Required or authorised collection, use or disclosure

  • 16.20If collection, use or disclosure of your personal information is required or authorised by law or by order of a court or tribunal, we will inform you of that requirement or permission with details (unless the law or order requires otherwise).

17.Direct Marketing

  • 17.1TVSN and related DG companies all strictly comply with all requirements under the Spam Act 2003 (Cth) and the Unsolicited Electronic Messages Act 2007 (NZ). This includes providing you the ability to unsubscribe from our messages, the process is described in this Policy.
  • 17.2We are an organisation that engages in direct marketing and therefore you may reasonably expect us to use your personal information for that purpose.
  • 17.3After we collect your personal information from you, we may continue to use or disclose that personal information for the purpose of direct marketing to you for so long as we have not received an ‘opt out’ request from you.
  • 17.4If we collect your personal information from a third party, we may continue to use or disclose that personal information for the purpose of direct marketing to you, subject to your consent to do so unless it is impracticable to obtain such consent, for so long as we have not received an ‘opt out’ request from you. We will ensure that each direct marketing communication with you draws your attention to your ability to make an opt out request.
  • 17.5You may also request that we:
    1. not use or disclose your personal information for the purpose of facilitating direct marketing by third parties and
    2. identify the source of the personal information we hold about you.
  • 17.6If you wish to request:
    1. to ‘opt out’ from receiving direct marketing communications from us; or
    2. that we do not provide your personal information to third parties for the purpose of facilitating direct marketing; or
    3. that we tell you where we sourced your personal information,
  • then advise us of your request:

    Australia
    • by email to comments@tvsn.com.au
    • by post to
    TVSN Channel Pty Ltd
    Locked Bag 5012
    FRENCHS FOREST NSW 2086 AUSTRALIA

    New Zealand
    • by email to comments@tvsn.com.au
    • by post to
    PO Box 106438
    Auckland Post
    Auckland 1143 NEW ZEALAND
  • 17.7If we receive a request from you about (a) and (b) in paragraph 17.6 above, we will action your request within a reasonable period. If we receive a request from you about 17.6 (c) above, we will notify you of the source within a reasonable period unless it is impracticable or unreasonable to so.

18.Management Quality and Security of Personal Information

  • 18.1We will take all reasonable measures to make sure that any personal information about you that we collect, hold, use or disclose is accurate, up-to-date and complete. If you are (or become) aware of any personal information that we hold about you that is not is accurate, up-to-date and complete, please let us know as soon as possible:
    1. by email to comments@tvsn.com.au
    2. by post to
      TVSN Channel Pty Ltd
      Locked Bag 5012
      FRENCHS FOREST NSW 2086
  • 18.2Should you wish to know more about what information we hold about you including making changes to, or requesting the deletion of information that we hold about you, you can make such a request by emailing and we will respond within a reasonable period..
  • 18.3Please note that we may need to exclude certain information as part of your request, e.g. in order to protect the privacy of other individuals or if we are permitted to exclude the information for legal or other reasons.
  • 18.4We will take all reasonable measures (including application of industry standards and industry best practice where possible) to protect your personal information from misuse, interference and loss, unauthorised access, unauthorised modification and unauthorised disclosure.

Access to your Personal Information

  • 18.5When requesting access to your personal information you will be required to identify yourself prior to any such request being processed. We will respond within a reasonable period and provide you with the information in the manner you request if it is reasonable and practicable to do so.
  • 18.6Please note that where the request is frivolous or vexatious, the request would have an unreasonable impact on the privacy of others or would be unreasonably costly we will charge you for the request for access. In all other instances we will not charge you for the request.
  • 18.7TVSN will not supply access to personal information if supplying the personal information would breach an applicable law (or under a court or tribunal order).
  • 18.8If we refuse to provide access to your personal information, we will issue a written notice that sets out the reasons for our refusal, the mechanisms to complain about our refusal and any other matters prescribed by applicable law. In relevant circumstances, we will consider providing an alternative means of access to your personal information to the refused means of access.
  • 18.9If you wish to seek access to your personal information, please contact us:
    1. by email to comments@tvsn.com.au
    2. by post to
      TVSN Channel Pty Ltd
      Locked Bag 5012
      FRENCHS FOREST NSW 2086 AUSTRALIA
  • 18.10Where practicable upon a valid request from you, we will provide your personal data as collected by us in a structured, commonly used and machine-readable format and assist with transferring the personal data directly to another entity.

Correction of Personal Information

  • 18.11It is your responsibility to keep your personal information updated. We will take reasonable steps to correct your personal information to ensure that, having regard to the purpose(s) for which it is held, such information is accurate, up-to-date, complete, relevant and not misleading.
  • 18.12We may also correct your personal information upon request and you will be required to identify yourself prior to any such request being processed. Depending on the nature and extent of the personal information being amended you may be requested to make such requests in writing to:
    1. by email to comments@tvsn.com.au
    2. by post to
      TVSN Channel Pty Ltd
      Locked Bag 5012
      FRENCHS FOREST NSW 2086 AUSTRALIA
  • 18.13If you make such a request we will respond within a reasonable period.
  • 18.14If we correct your personal information and you request us to notify third parties to whom we have disclosed such information, we will take reasonable steps (if any) to give that notification unless it is impracticable or unlawful to do so.
  • 18.15If you request us to associate with your personal information a statement that the information is inaccurate, incomplete, irrelevant or misleading, we will take reasonable steps to associate the statement apparent to users of the information. If you make such a request, we will respond within a reasonable period.
  • 18.16We will not charge you for making a request for correction to your personal information, for correcting your personal information or associating a statement with your personal information that it is inaccurate, irrelevant or misleading.

Restricting, Removing, Deleting or Destroying Personal Information

  • 18.17We normally seek to remove, delete or destroy personal information from our records as soon it is no longer required. However, there may be circumstances where such removal, deletion or destruction is either delayed or not possible, including (but not limited to), in the case of our electronic record systems, in relation to backup, archival and general record-keeping processes. If, for technical or other reasons, it is not possible to remove, delete or destroy personal information, we will put such information beyond use (e.g. in the case of our electronic record system, by marking an account inactive, by locking a record or by similar technical means) and we will not access it again unless either we are subsequently requested to do so by you or we are required or permitted to access it by applicable law.
  • 18.18We will restrict the processing or use of your personal data upon a valid request from you where:
    1. you dispute the accuracy of your personal data as collected by us, until such time that we can reasonably verify the accuracy of such data;
    2. your personal data has been used or processed unlawfully;
    3. we no longer need to use or are processing your personal data; or
    4. you have objected to the use or processing of your personal data, until such time that we can verify in accordance with the relevant laws that our legitimate grounds to continue using or processing your personal data override your grounds for objection.

19.Miscellaneous

Your dealings with us
  • 19.1Because it makes it impracticable for us to carry out many of our core business functions and activities, you cannot normally deal with us anonymously or under another name (pseudonymously). However, if and where dealing with us anonymously or pseudonymously is practicable in respect of particular matters we will make that option available.
Unsolicited personal information
  • 19.2If in the course of communications with us or our representatives, you provide unsolicited personal information, we will review that information. If, upon review, that unsolicited information is relevant to our business functions or activities, we may hold, use or disclose that personal information consistently with your reason for disclosing it.
Sensitive personal information
  • 19.3(AUS) Please note that we do not seek to collect from you health information or other sensitive information as defined by Australian Law. However, if unsolicited personal information provided by you also includes health information or other sensitive information as defined by Australian Law, you consent to us holding, using or disclosing such health information or other sensitive personal information consistently with your reason for disclosing it (for example, resolving a customer complaint).
  • 19.4(NZ) We will apply the same principles as above to the same kinds of personal information of New Zealand residents.
Partial identification in commercial communications
  • 19.5Sometimes in the course of our commercial communications (e.g. communication of written testimonials, product conversations, product-related tweets or similar), we may partially identify an individual by reference to part of that individual’s name and an area (e.g. suburb, region or state). To the extent that such information might identify you as an individual, you nevertheless consent to us holding, using or disclosing your personal information in that way.

20.Making a Complaint (Privacy Related)

  • 20.1If you wish to make a complaint with regard to a possible breach of this Policy or the Australian Privacy Principles, please contact:

    Privacy Officer
    TVSN Channel Pty Ltd
    Locked Bag 5012
    FRENCHS FOREST NSW 2086 AUSTRALIA
  • 20.2For complaints regarding handling of your other requests or enquiries in relation to this policy, please contact:

    Privacy Officer
    TVSN Channel Pty Ltd
    Locked Bag 5012
    FRENCHS FOREST NSW 2086 AUSTRALIA
  • What happens to my complaint?
    1. When we receive your complaint we will contact you when reasonably practicable to let you know that we have received it.
    2. We will use reasonable endeavours to investigate your complaint and aim to resolve it. We may contact you for further information.
    3. We will write to you and let you know the outcome. We will use reasonable endeavours to resolve your complaint within 30 days however some complaints are more complex and take longer. We will keep you informed if this is the case.
    4. If for some reason we cannot resolve your complaint we will write to you and let you know
  • 20.3(AUS) If we are unable to resolve your complaint, you may contact the Office of the Australian Information Commissioner (OAIC). OAIC website: http://www.oaic.gov.au

    OAIC telephone: 1300 363 992

    OAIC postal addresses: GPO Box 2999, Canberra, ACT 2601 or GPO Box 5218, Sydney NSW 2001 AUSTRALIA

  • 20.4(NZ) If we are unable to resolve your complaint, you may contact the Office of the New Zealand Information Commissioner (NZIC). NZIC website: https://www.privacy.org.nz

    NZIC telephone: 0800 803 909

    NZIC postal addresses: PO Box 10 094, The Terrace, Wellington 6143 NEW ZEALAND

Reminder – Helping Us to Help You
While we will do what we can to make sure that your personal information is accurate, up-to-date and complete, we do need your help. If your personal information changes (e.g. because of a change of name, address or credit card provider), please contact us to let us know what those changes are.

21.Policy Changes

Please note that this Policy may change from time to time to take into account new laws and technology, changes to our operations and practices, and the changing business environment.

We will make available the current version of our Policy, with a date and version notice, via our website(s) and, upon request, in other forms.

If you do not accept this Policy as varied, we will no longer be able to accept or process orders from you or otherwise deal with you.

If you place an order with us at or after any variation under this Policy, you acknowledge and understand that you are giving consent in relation under this Policy as changed, regardless of any alteration to the scope and nature which you enjoyed or may have enjoyed under any previous version under this Policy.

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P: 13 23 10
F: (02) 8198 6012
E: comments@tvsn.com.au

TVSN Channel Pty Ltd
Locked Bag 5012
FRENCHS FOREST NSW 2086

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