Hubbl Device Supply Terms

Effective 8 JANUARY 2025 

Information about these Terms 

1. Hubbl Pty Limited (ACN 072 725 289) (Hubbl, we or our), supplies Hubbl branded consumer electronic devices including pucks and “Glass TVs” (each a Hubbl Device).
2. When you purchase a Hubbl Device from Hubbl you (user or you) agree to be bound by these terms and conditions (Terms).  Your use of a Hubbl Device indicates your acceptance of these Terms (and any changes to them).
3. The Terms are divided into the following separate sections:
   1. General terms
   2. Schedule 1: Hubbl End User Licence Agreement
   3. Schedule 2: Hubbl Warranty 

Purchasing a Hubbl Device and Hubbl Device Warranty 

4. When you purchase a Hubbl Device from Hubbl, and subject to clause 11 below, you own the Hubbl Device once it is paid for in full and delivered to you. 
5. Your Hubbl Device comes with a warranty as outlined in Schedule 2 (Warranty).
6. The total cost of your order will be displayed before you submit your order.  You must pay the total cost including delivery and any additional charges (if any) when you place your order.

Delivery of Hubbl Device 

7. Delivery details will be advised to you when you purchase your Hubbl Device.
8. For Glass TV delivery, our delivery team will only deliver to your door. Someone authorised by you to receive the delivery will need to be available at your home address on the day of delivery.  Our delivery team will not unbox or connect the Glass TV to power, mount the Glass TV to a wall, connect it to your home internet, set up and activate the Glass TV, remove or recycle any old TVs or dispose of any packaging.  If we are unable to deliver because there is no-one available to sign for delivery, then we will contact you to make another delivery, and if you do not rearrange this within 7 days, or there is no-one available to sign when we attempt re-delivery, we may cancel your order and may charge you any costs we have incurred in attending your property. 
9. Once delivered, you must activate the Hubbl Device by following the instructions included with the Hubbl Device delivered to you.  

Change of Mind for Glass TV 

10. Hubbl operates a change of mind policy for the Glass TV when you purchase it directly from us at hubbl.com.au. You must submit your change of mind request within 31 days of delivery.  We will arrange for pick up at no additional cost to you however if you miss your pick-up appointment two or more times, we may charge you for the return of the Glass TV or cancel your change of mind order.  Provided the Glass TV is returned to us in its original condition, a full refund will be processed back to your original payment method.   We reserve the right to reject a change of mind request where you have previously submitted more than two change of mind claims.  See hubbl.com.au/changeofmind for full details of Hubbl’s change of mind policy. 

Hubbl Owned Device 

11. If we supply you a Hubbl Device at no charge and advise you that the terms for a “Hubbl Owned Device” apply then we will own the Hubbl Device supplied to you and the terms of this clause will apply.   In addition to your rights under the consumer guarantees of the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (Consumer Guarantees), if your Hubbl Device fails, through no fault of yours, during the period equivalent to the Warranty Period specified for your device in Schedule 2 (Warranty), we will (at our choice) replace or repair the Hubbl Device at no cost to you.  Upon expiry of that period, and without limiting your rights under the Consumer Guarantees, you will be responsible for the ongoing maintenance and operation of the Hubbl Device.  If you delete your Hubbl account, you will, at our request, return the Hubbl Device to us.

Using a Hubbl Device and End User Licence Agreement 

12. You agree to be bound by the terms and conditions of the end user licence agreement set out in Schedule 1 when using a Hubbl Device.  To access the features of a Hubbl Device, you must create a Hubbl account.  To create a Hubbl account you must be over 18 years old.
13. To use a Hubbl Device you must ensure that you have a suitable internet connection and that your internet connection speed is appropriate for streaming audio-visual content.  We may from time to time recommend on our website minimum internet speeds for viewing content at a certain quality.  To view free to air channels when disconnected from your internet connection, your Hubbl Device must be connected to a working digital free to air aerial.  You are responsible for all costs arising from the use of a Hubbl Device including, without limitation, all subscription, browsing/data charges and internet costs. Please contact your internet service provider or carrier network provider about these costs.
14. Hubbl Devices linked to your Hubbl account must be used at the same residential address in Australia.  We may from time to time limit the number of Hubbl Devices that you can register with your Hubbl account.

Streaming Services and Third Party Services on your Hubbl Device 

15. Streaming services provided by Hubbl which are accessible to view through a Hubbl Device are subject to separate Hubbl terms and conditions and require you to set up a separate subscription with Hubbl.   You acknowledge that the availability of these services through a Hubbl Device may change from time to time.
16. Certain third-party streaming services and content including, where relevant, free-to-air channels (each a Third Party Service or Third Party App) are available to access or view through a Hubbl Device.   You acknowledge that the availability of Third Party Services through a Hubbl Device may change from time to time.  A Third Party Service may require your acceptance of Third Party Service terms and conditions, the set-up of an account with the provider of the Third Party Service and it may require you to pay or set up a paid subscription.  It is your responsibility to comply with these terms and conditions.  To access the content of a Third Party Service on your Hubbl Device, you must log-in to the Third Party Service with your Third Party Service credentials.
17. Hubbl has no control over the content and functionality available via a Third Party Service.  You acknowledge and agree that Hubbl and its related bodies corporate, suppliers, agents and contractors are not responsible for the functionality and content (including advertising) available through a Third Party App or Third Party Service.   Hubbl and its related bodies corporate, suppliers, agents and contractors shall not be responsible or liable for any loss or damage of any kind incurred by you as a result of you accessing or using any Third Party Service on a Hubbl Device or as a result of the presence of a Third Party Service on a Hubbl Device.

Fees and Charges 

18. Payment methods accepted by Hubbl may be updated from time to time and will be displayed at time of purchase.
19. Our fees and charges include GST where applicable. Any GST payable is displayed on your invoice and if an item is exempt from GST it will be clearly marked.

Promotions 

20. We may from time to time offer special promotional offers (each an Offer). Offer eligibility is determined by us in our sole discretion and we reserve the right to revoke an Offer in the event that we determine you are not eligible.
21. We may use information such as mobile number, method of payment or an account email address used with an existing or recent Hubbl account to determine Offer eligibility. The eligibility requirements and other limitations and conditions will be disclosed when you sign-up for the Offer or in other communications made available to you.

Suspension and cancellation 

22. If you terminate your Hubbl account, the features or functionality of your Hubbl Device (except for free to air access via a connected aerial) will no longer be available.
23. Hubbl may cancel, suspend or restrict your use of or access to a Hubbl Device, or access to a Hubbl streaming service or Third Party Service via a Hubbl Device in the following circumstances:
    1. where necessary for technical or operational reasons;
    2. where we reasonably believe your Hubbl Device, or use of a Third Party Service or other streaming service via a Hubbl Device is unsecure or is being used in breach of these Terms or is inconsistent with the requirements of our content providers or licensors, including any violation of the limited licences granted to you under these Terms;
    3. if any payments owed to us have not been paid by the due date;
    4. if you breach these Terms and if the breach is able to be remedied, you do not remedy the breach within a reasonable period of receiving notice from us requiring you to do so;
    5. if we consider on reasonable grounds that you, or someone else using your Hubbl Device, have committed or may be committing any fraudulent activity against us or against any other person or organisation through your or their use of your Hubbl Device;
    6. we believe on reasonable grounds that you have caused genuine distress to, or have exhibited inappropriate behaviour towards any of our employees, agents or contractors, including but not limited to behaviour that is harassing, indecent, abusive and/or offensive;
    7. we believe on reasonable grounds that you have made multiple complaints without a reasonable basis for doing so and you continue to make such complaints after we have made reasonable efforts to notify you to stop; or
    8. where we are required to do so by law or to comply with (or manage our compliance with) a notice, order, direction or request of a regulator, one of our content or technology suppliers or an emergency services organisation.

Liability 

24. You will be responsible for all actions and omissions of any person who uses your Hubbl Device.
25. The terms at Schedule 1 (End User Licence Agreement) and Schedule 2 (Warranty) apply.

Privacy and Data 

26. By entering into these Terms, you consent to us collecting, using and disclosing your Personal Information on the terms of these Terms and our Privacy Policy and Privacy Notice.

Notices and Revisions 

27. If we give you any notice that is required under these Terms, we may give it to you by electronic communication, through your Hubbl account or via the Hubbl website.
28. You must provide us with accurate, true and correct contact details and you must keep this information up to date.  Please ensure you notify us of any changes to your information by updating your contact information on your Hubbl account.

General 

29. We can transfer any of our rights and obligations under these Terms to any third party, provided such transfer does not detrimentally affect your rights under these Terms. 
30. All or any part of any term of these Terms that is found to be unfair or unenforceable will be treated as deleted and the remainder of the terms will continue to govern each of our respective obligations going forward.
31. Your use of the Hubbl Device and these Terms is governed by the laws in force in New South Wales, Australia. You submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales, Australia.

END USER LICENCE AGREEMENT 

1. Scope of this agreement 

This end user licence agreement is an agreement between you and Hubbl Pty Ltd (ABN 97 072 725 289) (Hubbl) governing your use of the Hubbl device including the firmware and software that Hubbl, or its licensors, installs on, or updates directly to, your device (Software).

When you purchase the Hubbl device, you own the Hubbl device however the Software in it does not become your property as it is owned or licensed by Hubbl or other third parties. You will not tamper with the Software in the device or authorise anybody else to do so. The Hubbl device and the Software are intended for your personal use only and may not be used for a commercial or illegal purpose. Copying or redistribution of the Software, or any content delivered via the device (Content) are strictly prohibited. You do not acquire any intellectual property or other proprietary rights in or to the Software, or the Content unless otherwise stated.

For further information on this process please go to: https://www.hubbl.com.au/deregister. 

4. Parental Controls 

5. Automatic Updates 

• any fault in the device caused by you tampering with the device or your negligence or failure to follow our instructions or the information provided with the device;
• any fault in the device or any other equipment you use with the device if it was not supplied by Hubbl;
• any failure caused by events outside our reasonable control; or
• any applications or content provided by third parties (other than Hubbl) via the device.

12. General 

SCHEDULE 2 – HUBBL DEVICE WARRANTY 

Warranty for the following devices: 

1. Warranty 

Hubbl Pty Ltd (ABN 97 072 725 289) (Hubbl) of 4 Broadcast Way, Artarmon NSW 2064 warrants your Hubbl device against defects for the Warranty Period specified in section 2 below. 

2. Warranty Period 

We warrant any repair or replacement until the later of the end of the original warranty period or 3 months from the date the repair was carried out or replacement delivered. 

3. Warranty Exclusions 

For the avoidance of any doubt, any and all warranties or conditions which are not guaranteed under the Australian Competition and Consumer Act or the Australian Competition and Consumer Regulations 2010 and which are not expressly included in this Warranty as additional warranties or conditions are excluded. 

This Warranty does not extend to: 

• loss caused by normal wear and tear;
• damage caused by misuse, accidental or deliberate damage;
• damage caused by using equipment, software or cabling not supplied by or on behalf of Hubbl, or advised by Hubbl, for use with the Hubbl device;
• cosmetic damage which does not affect the functionality of the Hubbl device (such as scratches, dents, corrosion or colour loss);
• loss or damage caused by:
  • incorrect operation or not following the instructions (as stated in the information provided with the Hubbl device);
  • improper installation unless that loss or damage is caused by Hubbl;
  • incorrect or improper maintenance;
  • incorrect voltage or non-authorised electrical connections;
  • events beyond Hubbl's or our supplier’s reasonable control; 

• data loss; 
• consumables such as batteries, fuses, bulbs; or
• if the Hubbl device has been used commercially or for business purposes.

This Warranty does not cover Hubbl devices which, at the time you submit a claim, does not bear the original manufacturer’s factory-applied serial number in its original form. 

4. How to make a Warranty Claim