WARRANTY POLICY

Last Updated: March 17, 2017

ONE (1) YEAR LIMITED WARRANTY

IMPORTANT: PLEASE DO NOT USE THE PRODUCT(S) OF ZUNGLE UNLESS YOU HAVE READ THE TERMS OF THE ZUNGLE INC. (“ZUNGLE”) ONE (1) YEAR LIMITED WARRANTY (“WARRANTY”) SET FORTH BELOW. BY USING THE PRODUCT(S) OF ZUNGLE YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS WARRANTY. PLEASE RETURN THE PRODUCT(S) UNUSED WITHIN THE RETURN PERIOD STATED IN THE RETURN POLICY OF ZUNGLE. THE PRODUCT(S) SOLD BY ZUNGLE ARE NOT INTENDED TO TREAT, PREVENT, OR DIAGNOSE ANY DISEASE OR MEDICAL CONDITION. ANY USE OF THE SERVICES PROVIDED BY ZUNGLE IS AT YOUR OWN RISK.

Thank you for your interest in the product(s) and services of ZUNGLE. This Limited Warranty applies to ZUNGLE branded hardware products (“Product(s)”) sold by ZUNGLE. ZUNGLE’s warranty obligations are to the original purchaser (“you”) only and are limited to the terms set forth below.

Please read our full terms and conditions at www.zungleinc.com (“the Site”). If there is a conflict between the main text of this Warranty and the terms posted for the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use or the specific service.

WHAT IS COVERED BY THIS WARRANTY?

ZUNGLE INC. 300 Delaware Ave, Suite 210, Wilmington, Delaware, U.S.A. 19801 (“ZUNGLE”) warrants that the Product(s) will be free from material defects in materials and workmanship under normal use of a period of one (1) year from the date of your purchase (“Warranty Period”). ZUNGLE provides the following limited warranty if the Product(s) were purchased from ZUNGLE on the Site, Kickstarter during time period from June 16th 2016 to July 16th 2016, Indiegogo during time period after July 28th 2016, or the Product(s) purchased from an authorized reseller or sales platforms. If you are not sure whether a reseller is an authorized reseller or if sales platform is an authorized sales platform, please visit our website at www.zungleinc.com or contact Zungle at support@zungleinc.com.

If you submit a claim to ZUNGLE during the Warranty Period, ZUNGLE will, at its option:
(i) replace the Product(s) with the same/functional equivalent model of a newly refurbished Product(s),
(ii) exchange the Product(s) for a partial or full refund of your purchasing price (excluding taxes and shipping costs), or
(iii) exchange the Product(s) for a partial or full promo code of your purchasing price based on the defect of the Product(s) (excluding taxes and shipping costs).
Refurbishment may or may not be free of charge depending on the condition of the Product(s).
Any Product(s) that have been refurbished under this Warranty Policy will have the coverage for the greater of:
(i) ninety (90) days from the date of refurbishment, or
(ii) the remaining term of the Warranty.

HOW TO GET YOUR WARRANTY SERVICE?

To submit a claim to ZUNGLE within the Warranty Period, you must: (i) obtain a return merchandise authorization (“RMA”) form from ZUNGLE or the Site at www.zungleinc.com/support;
(ii) submit the RMA form to ZUNGLE; and
(iii) return the Product(s) with a valid proof of purchase to the specified address directed by ZUNGLE.
Please follow the procedures above to obtain the warranty service.

WHAT IS NOT COVERED BY THIS WARRANTY?

ZUNGLE does not warrant that the operation of the Product(s) will be uninterrupted or error-free. ZUNGLE is not responsible for damage arising from failure to follow instructions relating to the use of the Product(s).

This Warranty does not apply to:
(a) consumable parts, such as batteries, unless damage has occurred due to a defect in materials or workmanship in the Product(s);
(b) design features or ornamental aspects of the Product(s) are not a Product(s) defect
(c) normal wear and tear and cosmetic damage, including, but not limited to, scratches, dents and broken plastic;
(d) defects or damage caused by misuse, accident (including, without limitation, collision, fire and the spillage of food or liquid), neglect, abuse, alteration, unusual stress, modification, unauthorized tampering, improper or unauthorized repair, installation, wiring, or testing, improper storage, or if the serial number has been removed;
(e) damage caused by operating the Product(s) outside the permitted or intended uses described by ZUNGLE;
(f) damage caused by use with non-ZUNGLE products; and
(g) any non-ZUNGLE hardware products or any software, even if packaged or sold with the Product(s). ZUNGLE reserves the right to disable Product(s) if ZUNGLE suspects fraud or if ZUNGLE determines that the Product(s) are counterfeit, stolen or lost in shipment.

In addition to the lists above, please read our full Safety Guidelines at www.zungleinc.com/safetyguidelines. Failure to follow (or violating) the instructions of the Safety Guidelines shall also void this Warranty.

YOUR RESPONSIBILITIES

Before receiving warranty service, ZUNGLE may require serial number(s) of the Product(s), response to questions to diagnose issues and to follow the procedures for obtaining warranty service. It is important that you DO NOT DISASSEMBLE the ZUNGLE Product(s). Disassembling at discretion may cause damage to the Product(s) that is not covered by this Warranty.

STANDARD RETURN POLICY

The Product(s) of ZUNGLE are designed for users to wear as eyewear that provides sound features that enhance your daily lifestyle. We understand, however, that sometimes a product may not be what you expected it to be. In that unlikely event, please review the following terms related to returning Product(s) under this Warranty.

∙ For any unopened Product(s), you can return your package within seven (7) days of the date you receive the Product(s) from us, and we will exchange the Product(s) for a full refund of your purchasing price (excluding taxes and shipping costs).

∙ For any opened (unboxed) Product(s), you can return the Product(s) if it’s in its original, undamaged and unmarked condition after the Product(s) passes an inspection by an authorized ZUNGLE employee or a distribution partner for a full refund of your purchasing price (excluding taxes and shipping costs). Depending on your original form of tender, a check, wire transfer, or refund to your debit/credit card will be issued within thirty (30) business days provided the returned item is in its original condition. ZUNGLE retains the right to either refuse acceptance of such return or charge you a restocking fee of 15% of the original price of the Product(s) or the retail value of the missing parts and accessories, whichever is higher.

HOW TO RETURN ZUNGLE PRODUCT?

To return the Product(s) of ZUNGLE, you must:
(i) obtain a return merchandise authorization (“RMA”) form from ZUNGLE or the Site at www.zungleinc.com/support;
(ii) submit the RMA form to ZUNGLE; and
(iii) return the Product(s) with a valid proof of purchase to the specified address directed by ZUNGLE.

DISCLAIMER OF WARRANTIES AND LIMITATIONS LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, THIS WARRANTY POLICY DOES NOT COVER, AND ZUNGLE IS NOT RESPONSIBLE FOR: (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 LOSS OF, DAMAGE TO OR CORRUPTION OF DATA; OR (B) ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED, INCLUDING, BUT NOT LIMITED TO, THE REPLACEMENT OF EQUIPMENT AND PROPERTY, ANY COSTS OF RECOVERING, PROGRAMMING OR REPRODUCING ANY PROGRAM OR USED WITH THE PRODUCT(S) AND ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON THE PRODUCT(S). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION.

ADDITIONAL INFORMATION

No ZUNGLE reseller, agent, or employee is authorized to make any modification, extension, or addition to this 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. This Warranty is governed by and construed under the laws of the country in which the ZUNGLE Product purchase took place. ZUNGLE or its successor in title is the warrantor under this Warranty.