Last revised: July 2023
1. Overview. NEX Team Inc. (“Nex” or “We”) warrants to you, the original purchaser of
Playground, that the Playground and its accessories contained in the original packaging which
you purchased from us or an authorized retailer or reseller (the “Product”) shall be free from
defects in materials and workmanship under ordinary consumer use for one (1) year from the
date of delivery of the Product (the “Warranty Period”) subject to the following terms and
conditions.
2. Scope. If a covered defect arises in the Product during the warranty period and you follow
the instructions for returning Product, we will at our option, to the extent permitted by law,
either (i) repair the Product using either new or refurbished parts, (ii) replace the Product with
a new or refurbished Product that is equivalent to the Product to be replaced, or (iii) refund to
you all or part of the purchase price of the Product. When the Product or part of it is replaced
or a refund is provided, the replacement item becomes your property and the replaced or
refunded item becomes our property. The Product so repaired/ the replacement Product will
be covered by this Warranty for the remainder of the Warranty Period or ninety (90) days
following the delivery of the repaired/ replacement Product to you, whichever provides longer
coverage for you unless local law provides otherwise.
3. Instructions. To obtain warranty service, please contact us at playground-support@nex.inc.
If your warranty service request is accepted, we will provide you with instructions on how to
proceed. In general, you will need to provide proof of purchase and deliver the Product in
either its original packaging or in equally protective packaging to an address specified by us,
which may or may not be in the same country or territory of the delivery address. Warranty
service will not be provided if the Product is sent back to us without first contacting us or sent
to an address different from what we have provided.
4. Data etc. During warranty service, the Product may be reformatted and all data stored
thereon may be deleted. As such, you should back up any data, software, or other materials
you may have stored or preserved on the Product and remove all personal information which
you want to protect before sending the Product to Nex for warranty service. Further, following
the warranty service, the repaired/ replacement Product may be configured to the factory
setting, and Nex may also install system software updates as part of warranty service that will
prevent the Product from reverting to an earlier version of the system software. Recovery and
reinstallation of software programs, data and information of the Product are not covered under
this Warranty.
5. Exclusion. Except to the extent prohibited by law, the Warranty does not apply: (a) to defects
which relate to normal wear and tear or aging of the Product (e.g. discoloration); (b) to damage
caused by abuse, misuse, accident (e.g. exposure to liquid, food or other contaminants),
neglect, improper or unauthorized repair or other modification, tampering, or use with
unsuitable/ unauthorized hardware, software, services or third-party item(s); (c) to consumable
parts (e.g. batteries), the performance of which normally diminishes over time, unless suchfailure has occurred due to a defect in materials or workmanship; (d) to cosmetic damage (e.g.
scratches, dents or broken plastic on ports); (e) if the Product is used not in accordance with
the product documentation; (f) if the Product is purchased from sources other than Nex or an
authorized retailer or reseller (e.g. non-authorized online auctions); (g) if any serial number (if
any) has been removed or defaced from the Product, (h) if the Product is used for commercial
purposes (e.g. rental); or (i) to any support services or software provided in connection with the
Product.
6. Disclaimers. TO THE EXTENT PERMITTED BY LAW, THIS WARRANTY AND THE REMEDIES SET
FORTH ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS,
WHETHER ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED. NEX (AND OUR LICENSORS OR
OTHER SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY
KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES ORCONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-
INFRINGEMENT, OR THAT AGAINST HIDDEN OR LATENT DEFECTS. NEX (AND OUR LICENSORSOR OTHER SUPPLIERS) ALSO MAKES NO WARRANTY THAT THE PRODUCT WILL MEET YOUR
REQUIREMENTS. IN SO FAR AS SUCH WARRANTIES CANNOT BE DISCLAIMED, NEX LIMITS THE
DURATION AND REMEDIES OF SUCH WARRANTIES TO THE DURATION OF THIS EXPRESS
WARRANTY AND THE REPAIR OR REPLACEMENT SERVICES DESCRIBED HEREIN.
Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the
above disclaimers may not apply to you. To the extent that we may not, as a matter of
applicable law, disclaim any warranty as set forth herein, the scope and duration of such
warranty shall be the minimum permitted under applicable law.
7. Limitations. IN NO EVENT SHALL NEX (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD-
PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTEPRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR
PUNITIVE DAMAGES ARISING FROM OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE
PRODUCT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS
TO, AND USE OF, THE PRODUCT IS AT YOUR OWN DISCRETION AND RISK.
UNDER NO CIRCUMSTANCES WILL NEX BE LIABLE TO YOU (FOR ANY CAUSE WHATSOEVER AND
REGARDLESS OF THE FORM OF THE ACTION) FOR MORE THAN THE AMOUNT YOU HAVE PAID
TO US FOR THE PRODUCT. YOU FURTHER ACKNOWLEDGE AND AGREE THAT OUR LICENSORS
OR OTHER SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO
THE PRODUCT.
Some jurisdictions do not allow the limitation or exclusion of liability for certain types of
damages. Accordingly, some of the above limitation or exclusion may not apply to you. To the
extent that we may not, as a matter of applicable law, limit our liability as set forth herein, our
liability shall be the minimum permitted under such applicable law.