EarHero Product Liability Statement
Thank you for purchasing an EarHero headphone (the Product).
SAFE USE OF EarHero: The Product is intended for use as an in-ear audio delivery system, more commonly referred to as earphones. The Product is promoted for use while exercising, for example, while riding a bike or running. Thanks to the patented design of the Product’s earpiece, you can listen to all of your favorite tunes, podcasts or audiobooks, and still hear ambient noise & sound around you. The intended use of the Product is to provide a chosen audio feed while also allowing for improved and clearer hearing of outside noise sources.
PLEASE NOTE, you remain responsible for your safety in all activities while using the Product as intended. While exercising using the Product, you are responsible for ensuring that you are able to hear all surrounding sounds with sufficient clarity to enable you to exercise safely to avoid any hazard which may cause you injury or harm.
RISK WARNING: Use of the Product does not in any way guarantee your safety while exercising or conducting activities using the Product. The use of the Product in an unsafe manner (such as in circumstances where you are not able to clearly hear sounds around you) may result in you suffering damage, injury and even death.
WAIVER AND RELEASE: Before using the Product, and as a condition of starting to use the Product, you acknowledge and agree that:
- You have read and understood the safe use and risk warning statements detailed in this document.
- Use of the Product is at you own risk, and you acknowledge and accept the above risk warning.
- To the extent permitted by law, you indemnify and release Preneur Group Pty Ltd (including in its capacity as trustee of the Preneur Group Trust), it’s directors, officers and any related entities from and against any claims of any kind (whether at tort, contract or statute) including personal injury, death or property damage, however caused (including negligence) and arising out of your use of the Product in any unsafe manner or in a manner which you should reasonably have foreseen would result in injury, death or damage.
- Except for those consumer guarantees set out in the Australian Consumer Laws, and otherwise as required by law, Preneur Group Pty Ltd disclaims all other warranties, whether express or implied, relating to the Product and your use of the Product.
- Subject to Preneur Group Pty Ltd’s obligations set out in the Australian Consumer Laws and any other applicable laws which cannot be excluded, modified or restricted at law:
- Preneur Group Pty Ltd’s liability to you for any other problem, risk or fault shall be limited, at Preneur Group Pty Ltd’s election, to one of the following options:
- the repair of the Product, where the cost of return postage is your responsibility; or
- where the Product is deemed incapable of repair (at Preneur Group Pty Ltd’s sole discretion), Preneur Group Pty Ltd may choose to either replace the Product or a refund the cost of the original purchase.
- Preneur Group Pty Ltd’s obligations under this clause does not extend to fair wear and tear, or any damage caused wholly or partly due to an event or cause beyond the reasonable control of Preneur Group Pty Ltd, including without limitation each of the following:
- use the Product otherwise than as intended; or
- accidental or intentional damage.
Please contact EarHeroSports & Preneur Group Pty Ltd via firstname.lastname@example.org should you have any queries in relation to this product liability statement.