September 28, 2022 Gabriella Resendiz

Ooni Upgrade Programme Terms & Conditions

Ooni Upgrade Program Terms & Conditions

1. About these terms.

1.1.

What these terms cover.

These are the terms and conditions on which you may take part in our Ooni Upgrade Program (the “

Upgrade Program

”).1.2.

Why you should read them.

Please read these terms carefully before you apply to take part in the Upgrade Program. They tell you who we are, how the Upgrade Program works, how we may change or end the Upgrade Program, and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

Information about us and how to contact us

2.1.

Who we are.

We are Ooni. The Ooni entity that you contract with depends on the country or region in which you are resident and is determined by the following table. Unfortunately, if you are not resident in one of the countries or regions listed below, you are not eligible to take part in the Upgrade Program.

Country/ region in which you are resident	Ooni entity
Australia	Ooni Pty Ltd (ACN 660203832), a company registered in Australia with its registered address at Macpherson Kelley, Level 7, 600 Bourke Street, Melbourne VIC 3000
Canada	Ooni Canada Inc. (Company No. 1000246600) a company registered in Canada with its registered address at 66 Wellington Street West, Suite 4100, Toronto, Ontario, Canada, M5K 1B7
European Union	Ooni GmbH (Company No. HRB 98327), a company registered in Germany, with its registered address at Simrockstraße 11, 53113 Bonn, Germany.
New Zealand	Ooni NZ Ltd (Company No. 8367081) a company registered in New Zealand, with its registered address at Tompkins Wake, Level 17, 88 Shortland Street, Auckland Central, Auckland,1010, New Zealand
United Kingdom	Ooni Limited (Company No. 08316049), a company registered in England with its registered address at 105 Hopewell Business Centre Unit 20, Hopewell Drive, Chatham, Kent, ME5 7DX.
United States	Ooni Inc. (File No. Tax ID EIN is 38-4042248), a company registered in Delaware with its registered address at 2140 South Dupont Hwy, Camden, Delaware 19934, United States of America.

2.2.

How to contact us

. You can contact us via our support portal, or by writing to us at support@ooni.com, or by mail to our business office at Ooni HQ, Bishopsgate Business Park, 189 West Main Street, Broxburn, EH52 5LH.

2.3.

How we may contact you

. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your Application (as defined below).

3. The Upgrade Program Trial

3.1.

What the Upgrade Program allows you to do

. The Upgrade Program allows you to get a discount code for up to 20% (the “
Discount Code
”) for use on certain products at ooni.com. In these terms and conditions, where we refer to “
ooni.com
”, we are referring to the ooni.com store in your country of residence.

3.2.

Who is eligible to take part.

Only residents of Australia, Canada (excluding Quebec), the European Union, New Zealand, the United Kingdom or the United States who are eighteen years of age or older are eligible to participate in the Upgrade Program. Additionally, in order to take part in the Upgrade Program you must:

(a) own an Ooni pizza oven, which has not previously been ‘upgraded’ by you or a previous owner using the Upgrade Program; and

(b) be able to provide us with proof of your ownership of your Ooni pizza oven (including by providing us with the serial number for your Ooni pizza oven).

3.3.

How the Upgrade Program works

. You may take part in the Upgrade Program as follows:

(a) visit https://ooni.com/pages/upgrade-program-form;

(b) click on the ‘start’ button and complete the form as requested (you will be required to provide evidence of your eligibility to take part in the Upgrade Program);

(d) if we are not reasonably satisfied that you are eligible to take part in the Upgrade Program we may request such additional information from you as we consider necessary to assess your eligibility;

(e) once we are satisfied (in our sole and absolute discretion) that you are eligible to take part in the Upgrade Program, will email your Discount Code to you;

(f) you can use your Discount Code at ooni.com to receive up to 20% off qualifying purchases;

(g) we will not necessarily reply to applications where we determine (in our sole and absolute discretion) that you are not eligible for the Upgrade Program.

3.4.

Applicability of our general terms and conditions

. Any purchases made through ooni.com (including purchases made using the Discount Code) are subject to our general terms and conditions of sale which can be found in the ‘Terms and Conditions’ section of the website.

3.5.

Restrictions on use.

You may not take part in the Upgrade Program more than once in a twelve month period

3.6.

Abusive practices

. If we determine that you have breached these terms and conditions, or reasonably suspect that you have abused the Upgrade Program in any way (or someone has done so on your behalf), you will be required to pay back the value of any discount that you received by using your Discount Code. An example of abuse would be purchasing an Ooni oven and shortly thereafter applying to use the Upgrade Program so that you may sell your original Ooni oven and purchase a new Ooni oven for a relative gain.

What to do with your old Ooni oven

4.1. We want the world to have great pizza. And we want all pizza lovers to be able to enjoy our Ooni ovens. At the moment, we will not require you to return your old Ooni oven to us. Our hope is that you will give it to a friend, family member or another pizza lover, who will enjoy it for the remainder of its working life. At Ooni our aim is to minimise waste across our offices, operations, products and packaging. By giving your old Ooni oven away you can help us achieve this.

4.2. We may require future participants in the Upgrade Program to return their old Ovens to us within a certain period of time so that we can ensure that they are recycled or upcycled appropriately.

5.
Terms applying to the Discount Code

Terms applying to the Discount Code

. The Discount Code is available for one-time use only. It will be valid for 12 months from the date of issue. It is available to be used on certain products only (which will be identified to you at ooni.com). It cannot be used to purchase bundled products, or in conjunction with any other discount code that you may have, or promotional offer that we may be running. It may also be subject to such additional terms and conditions as we may publish on our website from time to time.

6. Your rights

6.1.

Your statutory rights and your rights under our general terms and conditions of sale

. Your participation in the Upgrade Program does not prevent you from exercising any of your rights under our general terms and conditions of sale and does not affect any statutory rights you may have.

Our responsibility for loss or damage suffered by you

7.1.

We are responsible to you for foreseeable loss and damage caused by us

. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill in our operation of the contract, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is obvious that it will happen.

7.2.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so

. This includes liability for:

(a) death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;

(b) fraud or fraudulent misrepresentation; or

(c) breach of your legal rights in relation to the products, including the right to receive products which are of satisfactory quality and fit for purpose.

7.3.

We are not liable for business losses

. The Upgrade Program is only available for products for domestic and private use. You may not use the Upgrade Program for any commercial, business or resale purpose. If you do use the Upgrade Program for such a purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

How we may use your personal information

8.1.

How we will use your personal information.

(a) We will use the personal information you provide to us:

(i) in accordance with our Privacy Statement and Terms of Service which can be found at https://ooni.com/pages/privacy-and-terms;

(ii) to assess your eligibility for the Upgrade Program;

(iii) to provide any Discount Code to you;

(iv) to enforce our rights under these terms and conditions; and(v) if you agreed to this during the upgrade process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.

(b) In addition, if you purchase a product from us, we will use the personal information you provide to us for the purposes set out in our general terms and condition of sale (referred to in clause 3.5 above).

9. Our right to amend these termsWe may update, modify, suspend or terminate these terms and conditions and the Upgrade Program at any time, in our sole and absolute discretion, by amending these terms and conditions and posting the updated terms and conditions on our website, or by posting notice on our website that the Upgrade Program has been terminated.

10.
Other important terms

10.1.
We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

10.2.

You need our consent to transfer your rights to someone else.

You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

10.3.

Nobody else has any rights under this contract.

This contract is between you and us. No other person shall have any rights to enforce any of its terms.

10.4.

If a court finds part of this contract illegal, the rest will continue in force.

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

10.5.

Even if we delay in enforcing this contract, we can still enforce it later.

If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

10.6.

Which laws apply to this contract and where you may bring legal proceedings.

10.7. The governing law and jurisdiction of this agreement depends on the Ooni entity with which you are contracting (as determined in clause 2.1 above).

10.8. This agreement, and any non-contractual obligations arising out of or in connection with it, and any disputes arising from it, will be governed exclusively by the applicable governing law described in the table below, without giving effect to any of its conflict of laws principles. The courts located in the applicable venue described above will have exclusive jurisdiction to adjudicate any dispute arising out of or relating to this agreement.

Contracting Entity	Applicable governing law	Applicable venue
Ooni Limited	English	England
Ooni Inc.	Texan	Austin,Texas
Ooni GmbH	German	Bonn
Ooni Pty Ltd	Australian	Victoria
Ooni NZ Ltd	New Zealand	Auckland
Ooni Canada Inc.	Canada	Ontario

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