Warranty and Disclaimer

Limited Warranty

This limited warranty gives you specific legal rights, and you may also have other rights that vary from country to country.

Products Covered By This Limited Warranty

This Limited Warranty extends to Products purchased through the HaloGuard Service.

This limited warranty does not extend to:

Who This Limited Warranty Extends To

This limited warranty extends to the original purchaser of any Product. All HaloGuard warranties, including any implied warranties, are valid only for the period the Product is owned by the original purchaser of the Product. The “original purchaser,” for this warranty, is the first purchaser of the Product from HaloGuard or a HaloGuard authorised reseller.

PLEASE RETAIN A COPY OF YOUR RECEIPT AS PROOF OF PURCHASE. All HaloGuard warranties are non-transferable.

HaloGuard Responsibilities

HaloGuard warrants the Wearable Product contained in its original packaging against defects in materials and workmanship for 12 Months from the time the Product is purchased. HaloGuard’s sole and exclusive liability and your sole remedy under this limited warranty will be, at HaloGuard’s option, to (a) repair the Product, at no charge, using new or refurbished replacement parts or (b) replace the Product with a new or refurbished Product, subject in each case to the fulfilment of “Your Responsibilities” below. HaloGuard will provide you with a replacement of the Product within 30 days of receipt of your defective Product.

This limited warranty will be void if, in HaloGuard’s reasonable opinion, the defective condition was caused in whole or in part by your misuse, neglect, testing, attempts to repair, or any other cause beyond normal usage, or by accident, fire, or other hazard. Repair or replacement Products will be warranted for the remainder of the original warranty period or thirty days, whichever is longer, or for any additional period that may apply in your jurisdiction.

Your Responsibilities

The Product that you consider defective must be returned to HaloGuard by following the instructions in our Change of Mind, Returns, and Refund policy:

It is your responsibility to backup any data, software, or other materials you may have stored or preserved on the Product. Such data, software, or other materials may be lost or reformatted during service, and HaloGuard will not be responsible for any such damage or loss. Recovery and reinstallation of software programs and user data are not covered under this limited warranty.

Limitation Of Liability

TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, THIS WARRANTY AND ANY IMPLIED WARRANTIES ARE YOUR EXCLUSIVE WARRANTIES AND REPLACE ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. SOME COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

SOME COUNTRIES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HALOGUARD OR ITS SUPPLIERS BE LIABLE FOR LOSS OF OR CORRUPTION TO DATA, COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATED TO THE PRODUCT OR ITS USE BY YOU OR ANY THIRD PARTY, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, PRODUCT LIABILITY OR OTHERWISE. THIS LIMITATION WILL APPLY EVEN IF HALOGUARD HAS BEEN ADVISED OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. HALOGUARD’S TOTAL LIABILITY WILL NOT EXCEED THE PURCHASE PRICE PAID FOR THE PRODUCT GIVING RISE TO SUCH LIABILITY.

WITHOUT LIMITING THE FOREGOING, HALOGUARD WILL NOT BE LIABLE FOR ANY COSTS REPRODUCING ANY DATA STORED IN THE PRODUCT OR ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED IN THE PRODUCT.

Disclaimer

By using the webpage www.haloguard.co.nz you agree with the disclaimer and warnings.

The HaloGuard wearable device is intended for ages 13+.

The HaloGuard wearable device and/or HaloGuard Software is not a life-saving device and is not a replacement for calling emergency services. In case of an emergency, you should always contact your local emergency services, if able. The device/software acts as an alarm to notify your designated contacts and such ability is not guaranteed to function.

– The HaloGuard wearable device works via a Bluetooth connection to a smartphone and the HaloGuard Mobile Software Application. The device will not work if the corresponding Mobile Software Application has not been installed on a fully-charged  mobile device, such as a smartphone, or when the mobile device is not within the Bluetooth range of the HaloGuard wearable device

Equipment  Warnings

Under no circumstances should you attempt to repair the wearable device yourself. If your device is damaged or malfunctions, contact HaloGuard at info@haloguard.co.n

Assumption of The Risk

You knowingly and voluntarily assume the risks of any environment and/or activity you place yourself in by your own free will and accord while using the HaloGuard wearable device and any software designed, developed, distributed, and/or otherwise made available by HaloGuard, including but not limited to the designated contacts and first-responder notification mobile software application as well as a built-in microphone application for users of the HaloGuard wearable device. Always be aware of your surroundings, even when wearing a HaloGuard wearable device as this device is not a replacement for emergency services and should not be treated as such. If an emergency occurs, CONTACT EMERGENCY SERVICES IMMEDIATELY.

Disclaimers of Use

The HaloGuard wearable device is designed to be used exactly as described in detail on the Website www.haloguard.co.nz and in any instructions, you might receive. HaloGuard is not responsible for any injury, death, or other damages that may occur while using a HaloGuard wearable device and/or any software designed, developed, distributed, and/or otherwise made available by HaloGuard, including but not limited to the designated contacts and first-responder notification mobile software application as well as a built-in microphone application for users of the HaloGuard wearable device in any way, shape, form, or fashion other than as instructed.

No Warranties

Unless otherwise expressly stated, no express or implied warranties of any type, including but not limited to implied warranties of merchantability or fitness for a particular purpose, are made regarding the HaloGuard wearable device. While HaloGuard intends for the HaloGuard wearable device and any software designed, developed, distributed, and/or otherwise made available by HaloGuard including the designated contacts and first-responder notification mobile software application as well as a built-in microphone application for users of the HaloGuard wearable device to function as advertised their functioning may not always be uninterrupted or error-free. Therefore, any warranties that the HaloGuard wearable device and/or any software designed, developed, distributed, and/or otherwise made available by HaloGuard, including the designated contacts and first-responder notification mobile software application as well as a built-in microphone application for users of the HaloGuard wearable device shall function uninterrupted and error-free at any time, including but not limited to emergencies, are expressly disclaimed. Furthermore, HaloGuard does not make any warranties as to the results that may be obtained from the use of the HaloGuard wearable device and/or any software designed, developed, distributed, and/or otherwise made available by HaloGuard, including the designated contacts and first-responder notification mobile software application as well as a built-in microphone application for users of the HaloGuard wearable device.

 Miscellaneous

This limited warranty will be governed by the laws of New Zealand and The Consumer Guarantees Act (1993), only for products purchased through HaloGuard

No HaloGuard reseller, agent, or employee is authorised 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 shall not be affected or impaired.

Warrantor:

HaloGuard Limited