HTC LIMITED WARRANTY – VIVE Cosmos Wireless Adapter Attachment Kit
New Zealand
PLEASE READ THIS LIMITED WARRANTY CAREFULLY TO UNDERSTAND YOUR RIGHTS AND OBLIGATIONS. THIS LIMITED WARRANTY CONTAINS A MANDATORY ARBITRATION CLAUSE WITH A
CLASS ACTION WAIVER.
BY USING YOUR HTC PRODUCT OR ACCESSORY, YOU AGREE TO THE LIMITED WARRANTY, INCLUDING THE MANDATORY ARBITRATION CLAUSE AND CLASS ACTION WAIVER BELOW.
OUR GOODS COME WITH GUARANTEES THAT CANNOT BE EXCLUDED UNDER THE AUSTRALIAN AND NEW ZEALAND CONSUMER LAW. YOU ARE ENTITLED TO A REPLACEMENT OR REFUND
FOR A MAJOR FAILURE AND FOR COMPENSATION FOR ANY OTHER LOSS OR DAMAGE. YOU ARE ALSO ENTITLED TO HAVE THE GOODS REPAIRED OR REPLACED IF THE GOODS FAIL TO BE OF
ACCEPTABLE QUALITY AND THE FAILURE DOES NOT AMOUNT TO A MAJOR FAILURE.
THE BENEFITS OF THIS WARRANTY ARE IN ADDITION TO ANY OTHER RIGHTS AND REMEDIES OF THE CONSUMER UNDER A LAW IN RELATION TO THE GOODS OR SERVICES TO WHICH THE
WARRANTY RELATES.
DEFINITIONS
The following definitions apply to this Limited Warranty:
1. “Accessory” or “Accessories” means other secondary component(s) that are supplied with the Product at the time of sale and included in the box, which may include the Power bankcharging cable, Short headset cable and Power cable provided that these Accessories were manufactured by or for HTC and can be identified by the “VIVE” or “HTC” trademark, trade name,or logo affixed to the to the component, if present, as originally supplied.
2. “Normal Use Conditions” means common end-user use under normal conditions in accordance with the User Manuals (User Manual as defined below) and instructions provided with theProduct or Accessory or posted on-line (www.vive.com/support).
3. “POP” means the Proof of Purchase document for the original sales of this Product, it may be the Sales Invoice or Receipt issued by HTC or HTC authorized Retailers.
4. “Product” means the "HTC VIVE Cosmos Wireless Adapter Attachment Kit" virtual reality system, which includes the HTC Power Bank provided in the box at the time of original purchasefrom an authorized Retailer or directly from HTC.
5. “Retailer” means a business that sells Product directly to end users, including those with a physical and/or online presence.
6. "User Manual” means the user instruction materials (e.g. user guide, quick start guide and safety guide documents) packaged with the Product or Accessory or posted on-line.
7. "Warranty Period for Product and Accessories" means twelve (12) months from the date You purchased the Product from an authorized Retailer or directly from HTC.
8. “You” means the original purchaser and/or original end-user of the Product.
WHAT IS COVERED BY THIS LIMITED WARRANTY?
During the Warranty Period HTC warrants that the Product or Accessory will be free from defects in material and workmanship if used under Normal Use Conditions.
This Limited Warranty is given only to You, and may not be sold, assigned, transferred, or given in full or in part to any subsequent purchaser or acquirer of the Product or Accessory or any otherperson. Consumer guarantees and statutory warranties may provide you with additional or different legal rights.
WHAT IS NOT COVERED BY THIS LIMITED WARRANTY?
This Limited Warranty does not apply other than to the Product or Accessory. It therefore does not apply to any non-HTC equipment or any software (e.g. software development kit (SDK) andandroid application package (APK) support) whatsoever, whether developed by HTC or a third party, even if intended or labelled as for use with the Product. Third party manufacturers, suppliers,
or publishers may provide warranties for their own products and You may contact them directly for service.
EVEN WITH RESPECT TO THE PRODUCT OR ACCESSORY YOU PURCHASED, THIS LIMITED WARRANTY SHALL NOT APPLY:
1. if the Product or Accessory serial number, the date code, the water indicator, or the warranty seal (void label) has been removed, erased, defaced, or altered, or is illegible;
2. to any deterioration of the cosmetic appearance of the Product or Accessory due to normal wear and tear;
3. to consumable parts, such as: Thin velcro pad, Head pad, Wireless link box clip and Power bank holder or protective coatings that are reasonably expected to diminish over time, unlessfailure has occurred due to a malfunction;
4. to malfunctions caused by the battery, if improperly installed by You or another person, or if the seal of the battery enclosure or the battery pack is broken or show evidence of tampering;
5. to malfunctions caused by electrical surges or other electrical current problems that are not the fault of the Product or Accessory;
6. to use not in accordance with the user manual or not under Normal Use Conditions;
7. to rough handling; use outdoors; exposure to liquids; dampness or extreme thermal or environmental conditions or a rapid change in such conditions; corrosion; or oxidation;
8. to damage caused by or resulting from modifications or non-warranty repairs;
9. to accidents, forces of nature, or other actions beyond the reasonable control of HTC (including but not limited to deficiencies in consumable parts) unless the defect was caused directly
by a malfunction;
10. to physical damage to the surface of the Product or Accessory, including but not limited to cracks or scratches on the surfaces of the Product or Accessory, including any screen or lens;
11. to any computer or other product to which the Product may connect. HTC does not warrant that the operation of the Product or Accessory will be uninterrupted or error-free;
12. where the software loaded on the Product, including but not limited to the operating system and/or firmware, needs to be upgraded, if such updates can be loaded by You;
13. to any Product in which the operating system and/or firmware has been altered, including any failed attempts to alter the operating system, regardless of whether such modifications areauthorized, approved, or otherwise sanctioned by HTC;
14. to malfunctions caused by unplugging any cable from or otherwise powering off the Product or your computer during a firmware update; or
15. to malfunctions caused by the use of the Product or Accessory with or connection of the Product to an accessory not approved or provided by HTC, or used in any way other than its
intended use and where such defect is not the fault of the Product itself.
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This Limited Warranty is valid and enforceable only in Australia or New Zealand where the Product is intended to be sold. A Product or Accessory can only be returned for repair under this Limited
Warranty in the country where it was purchased. Warranty service availability and response time may vary from country to country.
Service availability may also be the subject of a consumer guarantee or statutory warranty in the case of consumer sales.
HOW DO I OBTAIN WARRANTY SERVICE?
In the event of a perceived malfunction in the Product or Accessory, You should take the following actions:
1. Refer to the user manual and/or resources available at www.vive.com in order to identify and correct the problem.
2. If the problem cannot be resolved by reference to the User Manual and/or resources available at www.vive.com, You should visit www.htc.com/support for further information on contacting
HTC customer care for assistance.
3. If the Product and/or Accessory need to be returned to HTC for further analysis or repair, please be sure to have the following information available before You contact HTC customercare.
a. The model and serial number of the Product or Accessory.
b. Your full address and contact information.
c. A copy of the original invoice, receipt or bill of sale for the purchase of the Product. You must present a valid POP (Proof of Purchase) upon making any claims pursuant to this Limited
Warranty.
Upon completion of these steps, HTC will provide You with instructions regarding how and when the Product or Accessory should be returned. You may be responsible for costs in connection
with the return of the Product or Accessory to the Retailer or HTC.
Before returning any unit for service, be sure to back up data and remove any confidential, proprietary, or personal information, and/or removable memory from the Product, such as micro SD
memory card. HTC is not responsible for damage to or loss of any programs, data, images, personal information, digital assets, or removable storage media. DURING THE NORMAL REPAIR
PROCESS, THE CONTENTS OF THE PRODUCT WILL LIKELY BE ERASED, INCLUDING DATA STORED ON EITHER INSTALLED OR REMOVABLE STORAGE. At HTC’s sole discretion, the Product or Accessory
may be returned to You in either the original configuration or as updated to the newest available software.
Before returning any Product for service, You will need to remove and retain Accessories or detachable components on the Product (such as the Micro-SD memory card) unless You are requested
by HTC to return Accessories with the Product. In the event You fail to retain Accessories or such detachable components on the Product, they may not be returned to You and HTC will not be
responsible for their loss.
If You return the Product or Accessory during the Warranty Period and it satisfies the terms of this Limited Warranty, HTC or its authorized agent will, at its sole discretion, repair or replace it.
Repair or replacement may involve the use of a functionally equivalent reconditioned Product or Accessory and/or parts. The retailer or HTC will return the repaired or replacement Product orAccessory to You in good working condition. Any Product, Accessory, or parts or components thereof that are replaced under the terms of this Limited Warranty become the property of HTC.
If HTC repairs or replaces the Product, the repaired or replaced Product shall continue to be warranted for the remaining time of the original Warranty Period or for three (3) months from thedate of repair or replacement, whichever is longer.
Rather than ask You to return the Product or Accessory, HTC may instead elect to supply user-installable parts directly to You to fulfill its Limited Warranty obligations. You in turn agree to returnthe replaced parts if requested by HTC.
HTC must be notified of a perceived malfunction during the applicable Warranty Period in order for You to be eligible for any remedy under the Limited Warranty. Do not ship Your Product orAccessory directly to HTC unless You are asked by HTC to do so when following the steps above. If You need to return the Product or Accessory for warranty service, the steps above must be
followed.
DISCLAIMER AND LIMITATION OF OTHER WARRANTIES AND RIGHTSTO THE EXTENT PERMITTED BY LAW, THIS LIMITED WARRANTY AND THE REMEDIES SET FORTH ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES, AND CONDITIONS, INCLUDINGIMPLIED WARRANTIES.
TO THE EXTENT LEGILSATION PROHIBITS THE EXCLUSION OF IMPLIED WARRANTIES OR STATUTORY CONSUMER GUARANTEES, HTC LIMITS ITS LIABILITY FOR A FAILURE TO COMPLY WITH SUCHWARRANTY OR GUARANTEE TO ONE OR MORE OF THE FOLLOWING:THE REPLACEMENT OF DEFECTIVE GOODS ORTHE SUPPLY OF EQUIVALENT GOODS; THE REPAIR OF THE GOODS; PAYMENT OF
THE COST OF REPLACING THE GOODS OR OF ACQUIRING EQUIVALENT GOODS; PAYMENT OF THE COST OF HAVING THE GOODS REPAIRED.
LIMITATION OF LIABILITY
EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, HTC SHALL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY
NATURE WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR COMMERCIAL LOSS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF DATA, LOSS OF PRIVACY,
OR LOSS OF CONFIDENTIALITY. NOTWITHSTANDING THE FOREGOING AND EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE, THE ENTIRE LIABILITY OF HTC AND ITS SUPPLIERS UNDER ANY
PROVISION OF THIS LIMITED WARRANTY SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY THE CUSTOMER FOR THE PRODUCT. THESE EXCLUSIONS APPLY EVEN IF HTC HAS BEEN ADVISEDOF THE POSSIBILITY OF THESE DAMAGES. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to
You.
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AGREEMENT TO ARBITRATE DISPUTESPLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH HTC AND LIMITS THE MANNER IN WHICH YOU CAN SEEKRELIEF FROM HTC.
THE DISPUTE RESOLUTION PROCESS DESCRIBED BELOW IS SUBJECT TO ANY RIGHT YOU MAY HAVE TO PURSUE A RIGHT OR REMEDY IN YOUR LOCAL JURISDUCTION IN RESPECT OF AN ALLEGED
BREACH OF CONSUMER PROTECTION LAWS.
Binding Arbitration. Except for disputes in which either party seeks to bring an individual action in small claims court, and any claims in respect of which you are entitled to pursue a remedy
before a court in respect of a consumer transaction, you and HTC agree (a) to waive your and HTC’s respective rights to have any and all disputes or claims arising from or related to this Limited
Warranty or the sale, condition, use, or performance of the Product (collectively, “Disputes”) resolved in a court, and (b) to waive your and HTC’s respective rights to a jury trial. Instead, you
and HTC agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding
determination to resolve it instead of having the Dispute decided by a judge or jury in court).
No Class Arbitrations, Class Actions or Representative Actions. You and HTC agree that any Dispute arising out of or related to this Limited Warranty, is personal to you and HTC and that such
Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action, or any other type of representative proceeding. You and HTC agree that
there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, you and HTC agree
that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
Notice; Informal Dispute Resolution. You and HTC agree that each party will notify the other party in writing of any arbitrable or small claims Dispute not less than thirty (30) days of the date itarises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to HTC shall be sent to HTC Arbitration Program Administrator, 308 Occidental Avenue, Suite 300,
Seattle, WA 98104. Your notice must include (a) your name, postal address, telephone number, the email address you use or used for your HTC account or, if different or if you have no HTC
account, an email address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that you are seeking. Our notice
to you will be sent electronically to the email address you use or used for your HTC account, where available, and will include (a) our name, postal address, telephone number and an email
address at which we can be contacted with respect to the Dispute, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that we are seeking. If
you and HTC cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or HTC may, as appropriate and in accordancewith this Limited Warranty, commence an arbitration proceeding or, to the extent specifically provided for above, file a claim in small claims court or pursue a remedy before a local court inrespect of a consumer transaction.
Process. Except for Disputes in which either party seeks to bring an individual action in small claims court or where a party seeks to pursue a remedy before a local court in respect of a consumertransaction, you and HTC agree that any Dispute must be commenced or filed by you or HTC within one (1) year of the date the Dispute arose, otherwise the underlying claim is permanently
barred (which means that you and HTC will no longer have the right to assert such claim regarding the Dispute). You and HTC agree that the arbitration shall be:
1. where the Product was purchased in Australia, according to the Australian Disputes Centre (ADC) Rules for Domestic Arbitration operating at the time the Dispute is referred to ADC except
insofar as those rules would be inconsistent with any part of this Limited Warranty, including without limitation the agreement to arbitrate. For claims of $5,000 or less, You may decide
whether You would prefer to have the arbitration decided based only on documents submitted to the arbitrator, or by a hearing in person or by phone. The arbitration shall be held in
Melbourne and the state courts located in Victoria, Australia, have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. You may also have the right tolitigate a Dispute in a small claims court located in your jurisdiction if the Dispute meets the requirements to be heard in small claims court, and no attempt is made to exclude any rightwhich you have in relation to commencing court proceedings locally in respect of a consumer transaction;
2. where the Product was purchased in New Zealand, according to the current Arbitration Protocol of the Arbitrators' and Mediators' Institute of New Zealand Inc., except insofar as thoserules would be inconsistent with any part of this Limited Warranty, including without limitation the agreement to arbitrate. For claims of $5,000 or less, You may decide whether You would
prefer to have the arbitration decided based only on documents submitted to the arbitrator, or by a hearing in person or by phone. The arbitration shall be held in Auckland, and thecourts of New Zealand have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. You may also have the right to litigate a Dispute in a small claims court
located in your jurisdiction if the Dispute meets the requirements to be heard in small claims court, and no attempt is made to exclude any right which you have in relation to commencing
court proceedings locally in respect of a consumer transaction;
Authority of Arbitrator. Subject to any provision to the contrary as set out (in the case of Australia) in the International Arbitration Act 1974 (Cth) and uniform State and Territory commercial
arbitration acts, or (in the case of New Zealand) in the Arbitration Act 1996 (NZ), the arbitrator will have the authority to grant any remedy that would otherwise be available in court, provided
that the arbitrator’s award may not exceed, in form or amount, the relief that a court in the same jurisdiction could order under the Limited Warranty; provided, however, that the arbitrator does
not have the authority to conduct a class arbitration or a representative action, which is prohibited by this Limited Warranty. Notwithstanding the foregoing, any decisions concerning arbitrabilityof a particular dispute, including but not limited to whether a class arbitration is permitted by this Limited Warranty, shall be resolved by a proper court in the jurisdiction of the Dispute, rather
than an arbitrator. Any dispute concerning the enforceability of this agreement to arbitrate, or any part thereof, shall also be resolved by a proper court in Victoria, Australia (in the case of
Products purchased in Australia) or (in the case of Products bought in New Zealand) Auckland, rather than an arbitrator.
Rules of DADR bodies. The rules of to the Australian Disputes Centre (ADC) Rules for Domestic Arbitration (in Australia) and the Arbitration Protocol of the Arbitrators' and Mediators' Instituteof New Zealand Inc (in New Zealand) are available on their respective websites. By not opting out of this agreement to arbitrate as specified below, you either (a) acknowledge and agree thatyou have read and understand the these rules, or (b) waive your opportunity to read these rules and any claim that the rules are unfair or should not apply for any reason.
Applicability of Agreement to Arbitrate.
APPLY.

IF THE PROHIBITION ON CLASS ARBITRATIONS SET FORTH ABOVE IS DEEMED TO BE UNENFORCEABLE, THEN THE AGREEMENT TO ARBITRATE WILL NOT

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RIGHT TO OPT OUT: This agreement to arbitrate disputes will apply unless You notify HTC in writing postmarked no later than 30 calendar days of purchasing the Product or Accessory that
You reject the agreement to arbitrate. You must include in Your notice of opt-out (a) Your name and address; (b) the date on which You purchased the Product or Accessory; (c) the Productmodel name; and (d) Serial Number of the Product. These numbers can be found on the Product packaging and on the Product. You must send Your written notice to HTC Arbitration
Program Administrator, 308 Occidental Avenue, Suite 300, Seattle, WA 98104. No other form of notice will be effective to opt out of this agreement to arbitrate. If You opt out of theagreement to arbitrate, the Limited Warranty will still apply to You.
GENERAL PROVISIONS
1. Waiver of Jury Trial: IF A DISPUTE BETWEEN YOU AND HTC PROCEEDS IN COURT RATHER THAN OR IN ADDITION TO IN ARBITRATION, YOU AND HTC UNCONDITIONALLY WAIVE ANY RIGHTTO TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS LIMITED WARRANTY.
2. Governing Law: Except as preempted by legislation, the law of the State of Victoria (in the case of Products purchased in Australia) and New Zealand (in the case of Products purchased
in New Zealand), without reference to their respective choice of laws principles, shall govern this Limited Warranty. Notwithstanding the foregoing, the laws of Your jurisdiction will apply
to any tort claims and/or any claims under any consumer protection statutes and, without limitation, may entitle you to bring proceedings in your jurisdiction.
3. Severability: Except as specifically provided above, if any provision of this Limited Warranty is held to be invalid or unenforceable, such invalidity or unenforceability shall not affect theenforceability of the remainder of the Limited Warranty.

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