WRISTCAM LIMITED ONE (1) YEAR WARRANTY
THIS LIMITED WARRANTY (“Warranty Policy“) APPLIES SOLELY TO THE ORIGINAL END-USER PURCHASER OF Wristcam (HEREINAFTER REFERRED TO AS “you“).
FURTHERMORE, LAWS APPLICABLE TO YOU MAY ENTITLE YOU TO LEGAL RIGHTS IN ADDITION TO THOSE SET FORTH IN THIS WARRANTY POLICY. OTHER THAN AS PERMITTED BY LAW, Wristcam Inc., THE MANUFACTURER OF Wristcam, DOES NOT LIMIT OR EXCLUDE SUCH ADDITIONAL RIGHTS. CONSULT THE LAWS OF YOUR JURISDICTION IN ORDER TO UNDERSTAND YOUR LEGAL RIGHTS.
Reminder: This Warranty Policy is a part of the Wristcam Terms and Conditions.
Furthermore, capitalized terms used, but not defined, in this Warranty Policy will have the meanings given to them in the Wristcam Terms and Conditions.
What is Covered under this limited warranty :
Wristcam, Inc. (“Wristcam“) warrants to you that the original hardware components (Wristcam Device), when used normally in accordance with the Documentation, shall be free from defects in materials and workmanship for a period of ONE (1) YEAR from the date of delivery (the “warranty period”) from Wristcam, a Wristcam Affiliate, or from a Wristcam Reseller authorized for your territory (the “Limited Warranty” and “Warranty Period“, respectively).
- For the purpose of this Limited Warranty, the word “Documentation” shall also be deemed to include any product- or service-related communications sent by Wristcam to you (whether by email or otherwise).
- If you Pre-Order Wristcam, or purchased it online or via other remote means, then the Warranty Period shall be deemed to commence on the date Wristcam was delivered to you.
How to obtain warranty service:
To obtain warranty service, you must first contact Wristcam customer care service via email (firstname.lastname@example.org) or directly through the in-app messaging with Wristcam. A Wristcam representative will help determine whether your device needs service, and if so, how Wristcam will provide it. If Wristcam determines that return is necessary, we will provide you with a Return Merchandise Authorization (RMA) and further instructions. Any Device returned without an RMA will not be eligible for Warranty service. Wristcam will bear all costs of returns unless it determines that the device(s) is/are not eligible for warranty service.
What will Wristcam do:
Wristcam, at its option and sole discretion, will either (a) repair your Device using new or refurbished parts, (b) replace your Device with a new or refurbished one, or (c) accept the return of your Device in exchange for a refund of the original purchase price you paid.
If the Device or a component incorporated within it is no longer available, Wristcam may, at its sole discretion, replace the Device with a similar product of similar function. If Wristcam repairs or replaces your Device, the repaired or replaced Device will continue to be warranted for the remainder of the original Warranty Period. All returned parts for which you have received a replacement will become the property of Wristcam.
- EXCLUSIONS. The Limited Warranty does not cover or apply to (each of the following, a “Warranty Exclusion“):
- any non-Wristcam branded items (such as accessories) accompanying Wristcam;
- Software or service elements, even if sold with Wristcam - Wristcam does not warrant that the operation of any software or services associated with Wristcam will be uninterrupted or error-free.
- consumable parts (such as batteries or protective coatings) that are designed to diminish over time, unless the defect to such consumable occurs due to a defect in the materials or workmanship of the Device;
- cosmetic damage (such as scratches, dents, and broken plastic), unless the damage occurs due to a defect in the materials or workmanship of the Device;
- defects caused by use or combination of Wristcam with any product or service of a third party;
- defects caused by accident, negligence, fire, earthquake, similar external causes, or exposure to liquids or extreme environmental or thermal conditions (see documentation for allowed range);
- defects caused by abuse or misuse of Wristcam (or part thereof);
- defects caused by any service performed by anyone who is not a representative authorized by Wristcam to provide such service;
- a Device whose serial number has been removed or defaced;
- a Device that has been modified without the prior and specific express written consent of Wristcam;
- defects caused by normal wear and tear or the normal aging of the Device;
- a Device for which you are unable to provide sufficient user-authentication information (such as not being able to provide us with the Device’s access code), or a Device that has otherwise been stolen; and/or
- locations to which Wristcam does not ship Wristcam.
- Other limitations: No vendor, seller, authorized reseller, employee or representative of Wristcam or its affiliates or any third party is authorized to make any modification, extension or addition to this Limited Warranty. If any term of this Limited Warranty is held to be illegal or unenforceable, the remaining terms of this Limited Warranty will remain in full force and effect.
- DISCLAIMER OF WARRANTIES. EXCEPT AS STATED OTHERWISE IN THIS WARRANTY POLICY, Wristcam AND ANY WARRANTY SERVICES ARE PROVIDED AND MADE AVAILABLE TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITH ALL FAULTS, WITHOUT ANY REPRESENTATION, WARRANTY, GUARANTEE OR CONDITION OF ANY KIND WHATSOEVER, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, POSSESSION, QUALITY OF SERVICE, NON-INFRINGEMENT, SATISFACTORY QUALITY, USABILITY, REGARDING LATENT DEFECTS, OR THAT OTHERWISE ARISE FROM A COURSE OF PERFORMANCE OR DEALING, OR USAGE OF TRADE, ALL OF WHICH ARE HEREBY DISCLAIMED BY Wristcam Inc.
IN ADDITION, Wristcam MAKES NO REPRESENTATION, WARRANTY, GUARANTEE OR CONDITION:
- REGARDING THE CONTENT, EFFECTIVENESS, USEFULNESS, RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, ACCURACY, OR COMPLETENESS OF THE DEVICE, FIRMWARE, APP, OR DOCUMENTATION; OR
- THAT YOUR USE OF Wristcam, APP OR DOCUMENTATION WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR WILL BE INTERRUPTED OR ERROR-FREE.
- Some jurisdictions do not allow: (x) the disclaimer of certain implied warranties or conditions, and to the extent applicable to you, Wristcam limits the duration of such warranties and conditions to the duration of the Warranty Period; and (y) limitation on the duration of a warranty or condition, and to the extent applicable to you the time limitation of the Warranty Period shall not apply.
YOU ACKNOWLEDGE AND AGREE THAT THIS SECTION (DISCLAIMER OF WARRANTIES) IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND Wristcam.
- LIMITATION OF LIABILITY. IN NO EVENT WILL Wristcam OR ITS AFFILIATED ENTITIES BE LIABLE UNDER, OR OTHERWISE IN CONNECTION WITH THIS WARRANTY POLICY (SUCH AS, BUT NOT LIMITED TO, FOR ANY FAILURE TO DELIVER ANY PRODUCT OR SERVICE, OR INABILITY TO USE ANY PRODUCT OR SERVICE), FOR:
- ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES;
- ANY LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF REVENUE, OR LOSS OF ANTICIPATED SAVINGS;
- ANY LOSS OF, OR DAMAGE TO, DATA, OR COST OF RECOVERING THE DATA, REPUTATION, OR GOODWILL; AND/OR
- THE COST OF PROCURING ANY SUBSTITUTE GOODS OR SERVICES.
THE COMBINED AGGREGATE LIABILITY OF Wristcam AND ITS AFFILIATED ENTITIES UNDER, OR OTHERWISE IN CONNECTION WITH, THIS WARRANTY POLICY (SUCH AS, BUT NOT LIMITED TO, FOR ANY FAILURE TO DELIVER ANY PRODUCT OR SERVICE, OR INABILITY TO USE ANY PRODUCT OR SERVICE) SHALL NOT EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO Wristcam (IF ANY) DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU BRING YOUR CLAIM. ACCORDINGLY, IF YOU HAVE NOT PAID Wristcam ANY AMOUNTS IN SUCH THREE-MONTH PERIOD, Wristcam SHALL HAVE NO LIABILITY TO YOU WHATSOEVER.
THE FOREGOING EXCLUSIONS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT NOT PROHIBITED BY THE LAW APPLICABLE TO YOU:
- EVEN IF Wristcam OR ITS AFFILIATED ENTITIES HAVE BEEN ADVISED, OR SHOULD HAVE BEEN AWARE, OF THE POSSIBILITY OF LOSSES, DAMAGES, OR COSTS;
- EVEN IF ANY REMEDY IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE; AND
- REGARDLESS OF THE THEORY OR BASIS OF LIABILITY (SUCH AS, BUT NOT LIMITED TO, BREACH OF CONTRACT, TORT, NEGLIGENCE AND STRICT LIABILITY).
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, or of other damages, and to the extent applicable to you, such exclusions and limitations shall not apply.
YOU ACKNOWLEDGE AND AGREE THAT THIS SECTION (LIMITATION OF LIABILITY) IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND Wristcam.
- CONTROLLING LAW. This Warranty Policy shall be governed by, and construed in accordance with, the laws of the State of California, USA, without regard to any conflicts of laws rules or principles. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Warranty Policy and is hereby disclaimed. The section in the Wristcam Terms and Conditions entitled “Dispute Resolution” shall apply to Disputes which arise under this Warranty Policy. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE UNDER, OR OTHERWISE IN CONNECTION WITH, THIS WARRANTY POLICY MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, YOU AGREE THAT SUCH CAUSE OF ACTION SHALL BE DEEMED PERMANENTLY BARRED.
Last Updated: October 8, 2020