Ozlo Limited Warranty

For Australian customers only

PLEASE READ THIS LIMITED PRODUCT WARRANTY (AUSTRALIA) (“LIMITED WARRANTY”) CAREFULLY TO UNDERSTAND YOUR RIGHTS AND OBLIGATIONS RELATING TO THE OZLO SLEEPBUDS AND ANY OTHER PRODUCT IDENTIFIED AS A “PRODUCT” IN THIS LIMITED WARRANTY THAT YOU PURCHASED FROM DROWSY DIGITAL, INC. (“OZLO”) OR ONE OF ITS AUTHORIZED RESELLERS OR DISTRIBUTORS (EACH, AN “AUTHORIZED RESELLER”) IN AUSTRALIA.  

 OUR GOODS AND SERVICES COME WITH GUARANTEES THAT CANNOT BE EXCLUDED UNDER THE AUSTRALIAN CONSUMER LAW. FOR MAJOR FAILURES WITH THE SERVICE, YOU ARE ENTITLED:

• TO CANCEL YOUR SERVICE CONTRACT WITH US; AND
• TO A REFUND FOR THE UNUSED PORTION, OR TO COMPENSATION FOR ITS REDUCED VALUE

YOU ARE ALSO ENTITLED TO A REPLACEMENT OR REFUND FOR A MAJOR FAILURE WITH GOODS. IF A FAILURE WITH THE GOODS OR A SERVICE DOES NOT AMOUNT TO A MAJOR FAILURE, YOU ARE ENTITLED TO HAVE THE FAILURE RECTIFITED IN A REASONABLE TIME. IF THIS IS NOT DONE YOU ARE ENTITLED TO A REFUND FOR THE GOODS AND TO CANCEL THE CONTRACT FOR THE SERVICE AND OBTAIN A REFUND OF ANY UNUSED PORTION. YOU ARE ALSO ENTITLED TO BE COMPENSATED FOR ANY OTHER REASONABLE FORSEEABLE LOSS OR DAMAGE FROM A FAILURE IN THE GOODS OR SERVICE.

Limited Warranty

Ozlo warrants to the original purchaser of Ozlo’s Sleepbuds (the “Product”) or the person receiving the Product as a gift from the original purchaser (“you”) that the Product will be free from defects in materials and workmanship under normal use for a period of one (1) year from the date of purchase by the original purchaser from Ozlo or an Authorized Reseller in Australia (the “Warranty Period”).

Without limiting any rights you may have under the Australian Consumer Law, this Limited Warranty applies only against defects in Products that are discovered within the applicable Warranty Period and only so long as the remains in the possession of the original purchaser, or, for a gifted Product, the original possessor of that Product. Coverage under this Limited Warranty may not be extended or transferred to any other person.

This Limited Warranty is valid only in the jurisdictions where the Product is sold by Ozlo itself or through an Authorized Reseller, and is valid to the extent permitted by the applicable laws of such jurisdictions.

The benefits given to you by this Limited Warranty are in addition to other rights and remedies you may have under law, including, but not limited to, the Australian Consumer Law in relation to the Product.

Remedies

If a defect in the Product’s hardware (a “Product Defect”) arises and a valid warranty claim is received by Ozlo during the Warranty Period, Ozlo, at its sole discretion and to the extent permitted by law (including the Australian Consumer Law), may either: (A) repair the Product at no charge using new or refurbished replacement parts; (B) replace the Product with a new or refurbished Product or a product that is reasonably equivalent to the Product; or (C) provide a partial or full refund of the original purchase price to you in exchange for return of the Product.

You may be responsible for payment of shipping and handling charges except where prohibited by applicable law. You can claim for reasonable out of pocket expenses incurred in making a claim by providing receipts in accordance with the process set out under ‘How to Obtain Warranty Service’ set out below.

Any repaired or replacement Products provided under this Limited Warranty will be warranted for thirty (30) days from the date Ozlo delivers the repaired or replacement Product to you or the remainder of the original Warranty Period of the returned Product (whichever is longer), or for any additional period of time that may be applicable under the Australian Consumer Law.

If you return a Product to us for repair (or replacement) and the Product is capable of retaining user-generated data, the repair (or replacement) of the Product may result in the loss of this data. We will not be responsible for any data loss and we require you to back up your data before returning any Product to us for repair (or replacement). Products presented for repair may be replaced at our discretion by refurbished Products of the same type rather than being repaired. Refurbished parts may be used to repair Products.

How to Obtain Warranty Service

To obtain warranty service under this Limited Warranty, you must notify Ozlo of the Product Defect within the Warranty Period by email at support@ozlosleep.com to begin your claim. Within the Warranty Period or if the Warranty Period has expired, you may also be entitled to a remedy under the consumer guarantee provisions of the Australian Consumer Law – please contact us by email at support@ozlosleep.com.

Limited Warranty Exclusions and Limitations

Without limiting any rights you have under the Australian Consumer Law, this Limited Warranty does not apply to, and the term “Product” will not include, and specifically excludes, and Ozlo shall have no responsibility or obligations with respect to, any software, even if packaged or sold with the Product or embedded in the Product (e.g., firmware and/or system software) (“Ozlo Software”). Please refer to the applicable licensing agreement that covers the Ozlo Software for details of your rights with respect to its use.  Furthermore, to the extent permitted by the Australian Consumer Law, this Limited Warranty does not apply to any defects or parts requiring replacement due to ordinary wear and tear (e.g., consumable parts, such as batteries, corrosion, rust or stains, or cosmetic damage, including, but not limited to, scratches, dents and broken plastic on or to the Product or any damage to the Product caused by any of the following:

• Intentional or accidental misuse, abuse, or neglect.
• Buildup of earwax or other debris in the Product nozzle
• Operating the Product outside the permitted or intended uses described by Ozlo or use of the Product not in compliance with Ozlo’s instructions or technical documentation (e.g., improper storage, inadequate maintenance, and incorrect handling).
• Use of the Product with non-Ozlo products or services or any components, parts or accessories not originally intended for or compatible with the Product.
• Modification of the Product, including without limitation, the addition of after-market software or hardware components.
• An act of God (e.g., severe weather or similar events, including lightning, flooding, tornado, earthquake, hurricane, fire), wars, acts of terrorism, contamination with hazardous substances, radiation, or water (unless warranted by Ozlo to be waterproof), as well as exposure to extreme hot or cold temperatures or high humidity, unusual electrical stress including power surges, uncontrolled voltages and currents, or excessive or deficient energy supply.
• Services performed by anyone who is not a representative of Ozlo.

Ozlo does not warrant that the operations of the Product will be uninterrupted or error-free.

No Ozlo reseller, agent, or employee is authorized to make any modification, extension, or addition to this Limited Warranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms will not be affected or impaired.

DISCLAIMERS, INCLUDING OF IMPLIED WARRANTIES AND CONDITIONS

TO THE EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITING ANY RIGHTS UNDER THE AUSTRALIAN CONSUMER LAW WHICH CANNOT BE EXCLUDED, THIS LIMITED WARRANTY AND THE REMEDIES SET FORTH HEREIN ARE EXCLUSIVE AND ARE PROVIDED IN LIEU OF ALL OTHER EXPRESS, IMPLIED AND STATUTORY WARRANTIES, REMEDIES OR CONDITIONS, WHETHER ORAL OR WRITTEN.   EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, INCLUDING WITHOUT LIMITING ANY RIGHTS UNDER THE AUSTRALIAN CONSUMER LAW WHICH CANNOT BE EXCLUDED,  OZLO DISCLAIMS ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS, TO THE EXTENT PERMITTED BY LAW. INSOFAR AS SUCH WARRANTIES CANNOT BE DISCLAIMED, OZLO LIMITS THE DURATION OF SUCH WARRANTIES TO THE DURATION OF THIS LIMITED WARRANTY, AND LIMITS THE REMEDIES UNDER SUCH WARRANTIES, TO (AT OZLO’S OPTION) THE REFUND AND REPLACEMENT REMEDIES DESCRIBED HEREIN OR AS OTHERWISE PROVIDED FOR UNDER THE AUSTRALIAN CONSUMER LAW. OZLO DISCLAIMS ANY REPRESENTATION THAT IT WILL BE ABLE TO REPLACE A RETURNED PRODUCT WITHOUT RISK TO OR LOSS OF INFORMATION STORED IN THE RETURNED PRODUCT.

TO THE EXTENT THE LAW DOES NOT ALLOW LIMITATIONS ON THE DURATION OF AN IMPLIED WARRANTY, THE ABOVE LIMITATIONS DO NOT APPLY TO YOU.

LIMITATION ON LIABILITY 

TO THE FULL EXTENT PERMITTED BY LAW, AND WITHOUT LIMITING ANY RIGHTS UNDER THE AUSTRALIAN CONSUMER LAW WHICH CANNOT BE EXCLUDED,  THIS LIMITED WARRANTY DOES NOT COVER, AND OZLO IS NOT RESPONSIBLE FOR, ANY OF THE FOLLOWING, EVEN IF OZLO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE THEORY: (A) SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF REVENUE, LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS), LOSS OF THE USE OF MONEY, LOSS OF ANTICIPATED SAVINGS, LOSS OF BUSINESS, LOSS OF OPPORTUNITY, LOSS OF GOODWILL, LOSS OF REPUTATION; OR (B) ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED, INCLUDING, BUT NOT LIMITED TO, THE REPLACEMENT OF EQUIPMENT AND PROPERTY. IN ADDITION, TO THE FULL EXTENT PERMITTED BY LAW, IN NO EVENT WILL OZLO’S LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THIS LIMITED WARRANTY EXCEED THE ORIGINAL PURCHASE PRICE PAID FOR THE PRODUCT OR ANY OTHER REASONABLY FORESEEABLE LOSS OR DAMAGE. THE FOREGOING LIMITATIONS WILL NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS, OR ANY STATUTORY LIABILITY FOR INTENTIONAL AND GROSS NEGLIGENT ACTS AND/OR OMISSIONS. 

 

Governing Law and Dispute Resolution

This Limited Warranty shall be governed by the laws of New South Wales, Australia, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction.

Any disputes between you and Ozlo related to this Limited Warranty or a Product will be governed by the then-current dispute resolution procedures in Ozlo’s Terms of Service. 

Questions

If you have any questions about this Limited Warranty, please contact support@ozlosleep.com. Alternatively, you can write to us at 44 Bearfoot Rd. Suite 200, Northborough MA 01532, USA or call us on +18334386956.