Warranty Policy
This Warranty Policy describes our warranty policy when you visit or make a purchase from the Site.
Last updated: December 2023
Save for the statutory warranties provided by law, MiO including its subsidiaries, affiliates, officers, directors, employees, representatives, agents, partners and licensors hereby disclaim all warranties and conditions with respect to the Products whether express or implied and expressly disclaims any implied warranties including fitness for a particular purpose that the user may have had in mind for the use of the Product.
MiO does not warrant against interference with the Product users enjoyment of the Product, the availability of content, or that the functions contained in the Product will meet your requirements, that the products will be free of viruses or other harmful components, that the operation of the products will be uninterrupted or error-free, that any defects will be corrected by MiO in a reasonable time, or that the functions contained in the Products will function with other mobile apps or hardware, or within a system other than those products and systems specified by MiO.
No oral or written information or advice given by MiO or any MiO reseller, or authorised representative shall override this warranty or create a new or specific warranty.
If the jurisdiction where the MiO Product is sold does not permit or allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, then that part of this warranty that infringes such laws shall be severed from this warranty to the full extent necessary to permit the rest of this warranty to operate without that part of the warranty exclusions.
Notwithstanding the foregoing, MiO warrants to the purchaser of the Product that the Product is free from defects in material and workmanship for twelve months (365 days) from the date of purchase. If the Purchaser’s local law in effect at the time of purchase requires a warranty period longer than twelve months, then this warranty shall be extended to the extent required by such law.
Any warranty claims must be accompanied with proof of purchase and match the Product.
Within the warranty period, MiO will repair or replace at no charge to you any components of the product that fails during the limited warranty provided. You shall be responsible for any related transportation charges to MiO’s chosen place to receive the Product from the Purchaser/user. Replacement products may be new or refurbished at our discretion.
This limited warranty does not apply to (i) normal wear and tear, including scratches, breakages and dents; (ii) consumable parts included in the products, such as batteries, unless product damage has occurred due to a defect in materials or workmanship; (iii) damage resulting from the users: abuse of the Product, negligence, or failure to use the product in accordance with the instructions accompanying the MiO product or available on the MiO website; (iv) damage resulting from impact, accident, flood, fire; (v) damage resulting from servicing performed, or damage resulting from tampering or alterations to the product, by anyone not authorised by MiO; or (vi) use of the product with any other application or software other than the MiO ring app.
MiO retains the exclusive right to repair or replace the product, or offer a full refund, at its sole discretion. Such remedy shall be your sole and exclusive remedy for any breach of this limited warranty. Warranty repairs and replacements have a new warranty which is the longer of ninety (90) days or the balance of the original 12 months warranty.
In the event that the User or Purchaser suffers any loss or damage including loss and damage from the negligence or failure of MiO, then MiO limits its liability to the full extent that the law permits insofar as such loss and damage is concerned, to the unit cost of the Product.
Limitation of Liability
Nothing in this clause is intended to limit or exclude the Consumer Guarantees under the Australian Consumer Law (set out in Schedule 2 to the Competition and Consumer Act 2010, but otherwise to the full extent permitted by law, this clause excludes all implied warranties and the User agrees to hold harmless, MiO, its subsidiaries, affiliates, officers, directors, employees, representatives, agents, partners and licensors, from any loss or damages suffered by the User, arising out of or in connection with the use or inability to use, or obtain, the Product, or any Services, Third Party Offers, Third Party Services, Programs, Software or Hardware, including but not limited to such loss and damages as may be categorised as direct, indirect, special, incidental, consequential damages, including but not limited to emotional distress, loss of revenue, disappointment, loss of profits, loss of business, loss of opportunity, or anticipated savings, business interruption, loss of use, loss of goodwill, loss of data, whether caused by breach of contract or otherwise, even if such breach was reasonably foreseeable, and where permitted by law, excluding gross negligence, any tort including negligence.
These exclusions or limitations will apply regardless of whether or not Mio has been warned of the possibility of such loss or damages. The foregoing does not affect any liability which cannot be excluded or limited under applicable law. To the extent such liability cannot be excluded or limited as set forth above, in no event shall MiO be liable for any claim, whether in contract, tort, or under any other theory of liability, in excess of $500.
