Accidental Physical and Accidental Liquid Damage Protection Plan by Livewire for Samsung & Google devices (“Plan”)

  1. The Plan
    This Accidental Damage Protection Plan governs the support process for accidental physical and fluid damages for under warranty smartphones (“Device”) sold by its manufacturer’s official sales channels in India in its original packaging. This Plan is not valid for any products that are either refurbished or purchased by a customer post a return from the first customer, even in an unboxed condition.
  2. Plan Term
    1. Benefits under the Plan begins when you (“Customer”, who is the User of the Registered Device) purchases the Plan and ends on completion of 365 days from the date of original purchase of the device (“Plan Term”)
    2. The number of repair requests allowed per device is one (1). All subsequent repair requests shall be considered for paid repair only.
  3. Plan Eligibility
    1. This Plan can be purchased only within 15 calendar days of the original purchase of the Device, and subject to the Device being in its perfect working condition
    2. The benefits under the accidental damage protection Plan is additional to the benefits provided by the manufacturer under Manufacturer’s Warranty in the first 365 days post purchase of the original device
  4. Plan Details
    1. “Registered” Device
      The Device that was successfully registered under the Plan by following the activation process as required within 15 calendar days from the original purchase of the Device is termed as “Registered Device”
    2. Customer
      TThe purchaser of the Registered Device whose name is mentioned on the original invoice is the Customer. The purchaser’s spouse, children and parents can be the users of the Registered Device. If the purchaser is a company, Customer shall mean any representative/employee of the company authorized to use the Registered Device.
    3. Benefits Value
      Maximum Benefits Value is equivalent to the depreciated value (as described in point 9 below) of the Registered Device at the time of submitting the request for availing protection as eligible under this Plan. Limit is one repair instance of your Registered Device. There is a Processing Fee of Rs. 1000/- charged during a repair event under the Plan.
    4. Beyond Economic Repairs (BER)
      If the repair cost of the Registered Device is more than the Benefits Value determined at the time of submitting the request, then the repair request will be determined as Beyond Economic Repair (BER). In case of BER, the Customer will have the option to bear the differential price for obtaining the repair as determined by the Authorised Service Centre (“ASC”). Alternatively, if Customer opts for reimbursement, when request is being processed as Beyond Economic Repair request, then the applicable depreciated amount less Processing Fees of Rs. 1000 will be returned to the customer as settlement subject to customer returning the original device along with its original accessories and original box to Servify. In case the accessories along with the original box are not received by Servify, there will be a deduction of Rs. 2000/- from the final settlement amount (including Rs. 1,000 of the Processing Fee)
    5. Scope of Service under the Plan
      Provided the Registered Device is handed over to Servify or its authorized channels in its entirety during the Damage Repair Request Process & that the customer has submitted the documents as desired under the Plan and have purchased the Registered Device from official sales channels of original manufacturers in India, the following conditions would be considered under the Plan.
      1. Inclusions
        1. Suffers accidental physical damage and/or such damage that impairs the normal usage of the Registered Device
        2. Fails to work because accidentally fluid has entered its internal circuitry, touch panel, sub-board or battery, resulting into stoppage of the Registered Device
        3. Suffers damage due to:
          1. Acts of god perils, fire, lightening and explosion
          2. Damage during riot, strike & malicious damage
      2. Exclusions
        1. If the Plan has been purchased more than 15 days from the purchase of the Registered Device
        2. Any damages to the Registered Device prior to the Plan activation
        3. Any damages reported within 7 days of activation of the Plan
        4. Any damage to the Registered Device:
          1. due to Intentional act or wilful neglect
          2. arising before or after Plan Term
          3. under mysterious circumstances including lost or stolen
          4. resulting from or caused by theft, or attempted theft of registered device, left in unattended vehicle or room
          5. such as lost, forgotten/misplaced/left unattended, missing, fallen and any loss under mysterious circumstance
          6. Loss or damage not reported to Servify within 48 hours of the loss or damage to the Registered Device
        5. due to hire or loan of the Registered Device to a third party or if ownership is transferred
        6. due to unlawful act including Terrorist activity, War, Nuclear Explosion, Radioactive Contamination, Chemical, Biochemical, Biological, Electromagnetic, Cyber
        7. Attack
        8. caused by incorrect storage, poor care and maintenance, careless use, gross negligence, incorrect installation and incorrect set-up
        9. due to negligence, intentionally misplaced, left unattended & forgotten at a public place
        10. if the Registered Device is not connected to any cellular network of service provider
        11. due to any experiments or tests and/or alterations resulting to any abnormal conditions of the Registered Device
        12. Damage caused by:
          1. a product/accessory that is not the Registered Device
          2. operating the Registered Device outside the permitted or intended uses described by manufacturer
          3. service (including upgrades and expansions) performed by anyone who is not an Authorized Service Centre (“ASC”) or any failure/damage caused outside the Indian territory
        13. Third-party products or their effects on or interactions with the Registered Device or the software
        14. Consequential loss of any kind or description including wear & tear, manufacturing defects
        15. Cosmetic damage to the Registered Device including but not limited to scratches, dents and broken plastic on ports
        16. Loss or damage covered by supplier, dealer or Manufacturer’s Warranty
        17. Any loss affecting to SIM card and any ancillary products even if Registered Device results into complete stoppage of working
        18. Registered Device with a serial number that has been altered, defaced or removed, or has been modified to alter its functionality or capability without the written permission of the original manufacturer of the device
        19. Defects caused by normal wear and tear or otherwise due to normal aging of the product
        20. Issues that could be resolved by upgrading software to the then current version
        21. Your use of a computer or operating system that is unrelated to consumer software or connectivity issues with the Registered Device
        22. Recovery and reinstallation of software programs and user data
        23. Any loss or damage to accessories and panels even if forming part of the standard pack or to any complimentary or ancillary product/s made available under any promotional scheme
  5. Special Exclusions
    Servify shall not be liable in respect of loss or damage to Registered Device relating to or caused due to the following:
    1. Loss or damage due to mechanical or electrical break down or derangement, unless such loss is accidental damage and which is not covered within the Manufacturer’s Warranty
    2. Penalties for delay or detention or in connection with guarantees of performance or efficiency
    3. Loss due to the Registered Device which gradually develops flaws, defects, cracks or partial fractures in any part not necessitating immediate stoppage, although at some future time repair or renewal of the parts affected may be necessary
    4. Loss due to deterioration or wearing away or wearing out of any part of the Registered Device that is caused due to or naturally resulting from its normal use or exposure
    5. Servify shall not be liable if:
      1. the user is found to be involved in any way in fraudulent or illegal activity of any kind whatsoever related to this Plan or Registered Device and/or
      2. the Plan is purchased for the Registered Device after 30 calendar days from the date of purchase of the Registered Device
      3. Due to the inability of the Customer to submit either of the processing documents or supporting documents required for processing the request
    6. In any action, suit or other proceeding where the Servify or underwriting partner(s) alleges that by reason of the provisions of the exceptions or exclusions above, any loss, destruction or damage is not included under this Plan, the burden of proving that such loss, destruction or damage is included, shall be upon the Customer

  6. Service Request Process
    In the event of damage of the Registered Device, you (Customer) are required to:
    1. Immediately (Not later than 48 Hours from the time of the damage) inform Servify through the app or Servify Consumer Web Portal (https://me.servify.tech/) or Call Center Number (1 800 123 333 888) or email to claims@servify.tech
    2. Submit all request related documents including but not limited to the purchase invoice of the Registered Device and Photo ID Proof of the Customer and any other document as mentioned in the Servify Consumer Web Portal.
    3. Please note, you will not handover the Registered Device for repairs at any service centre, including at any Authorised Service Centre (ASC) until confirmed by Servify. It is expressly stated that Servify will not be held responsible for fulfilling any such requests where the Registered Device is handed over to a service centre by you before the approval from Servify; any liabilities arising out of such requests before the in-principle approval of the Damage Repair Service Request from Servify will be solely handled by you (Customer) at your (Customer’s) own expense

  7. Service Fulfilment Process
    1. Servify provides services through Pick/Drop Support (“PUDO”) Service for the Registered Device, for serviceable locations, for the rest you may visit the nearest Servify Authorized Service Provider as indicated in the Servify Consumer Web Portal once the approval is provided. You are required to wait until Servify confirms in writing via an email or on a voice call on your registered number or provides an update on the App or on its Consumer Web Portal about the status of the and the next steps expected. Service will be performed at the Authorized Service Provider after verification of the entitlement and validity of the Plan. Once you are notified & that the service (either repair or replacement) is complete, you will promptly be notified via the app & Servify Consumer Web Portal. The repaired or replacement device will be delivered to the address of initial pickup after completion of repair or replacement if PUDO service is availed.
    2. Servify or Livewire reserves the right to change the method by which they may provide repair service to you, and your Registered Device’s eligibility to receive a particular method of service under this Plan. Service options, parts availability and response times may vary according to the city you live in.
 

  8. Your Responsibilities

    To receive service or support under the Plan, you agree to comply with the following:
    1. Provide a copy of your Registered Device’s original proof of purchase at the time of raising a
    2. Provide information about the reasons and causes of the damage to the Registered Device
    3. Provide identity proof if requested by Servify (at the time of raising a ‘Damage Repair Request’) to verify the User of the Device, on which Plan is activated
    4. Respond to requests for information, including but not limited to the Registered Device serial number, model, version of the operating system and software installed, any peripherals Devices connected or installed on the Registered Device, any error messages displayed, actions taken before the Registered Device experienced the damage and steps taken to avoid the damage
    5. Follow instructions Servify gives you, including but not limited to refraining from sending Registered Device that is not subject to damage protection as per the Plan and packing the Registered Device in accordance with shipping instructions as per the Plan
    6. Make sure to backup software and data residing on the Registered Device. DURING THE FULFILLMENT OF DAMAGE REPAIR SERVICE, SERVIFY OR THE ASC MAY DELETE THE CONTENTS OF THE REGISTERED DEVICE AND REFORMAT THE STORAGE MEDIA IF NECESSARY. Servify, or ASC may return your Registered Device after the service event subject to applicable updates. Servify or the ASC may install latest software updates as part of hardware service that will prevent the Registered Device from reverting to an earlier version of the Operating System. Third party applications installed on the Registered Device may not be compatible or work with the Registered Device as a result of the Operating System update. You will be responsible for reinstalling all other software programs, data and passwords.

  9. Depreciation Matrix
    The standard depreciation matrix applicable for Registered device under this Plan is as below:
    Age of the Registered DeviceDepreciation Applicable
    Upto 90 days from the date of purchase of the device10% of the Invoice Value
    Between 91 days – 180 days from the date of purchase of the device20% of the Invoice Value
    Between 181 days – 365 days from the date of purchase of the device30% of the Invoice Value
  10. Limitation of Liability
    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SERVIFY AND ITS EMPLOYEES AND AGENTS WILL UNDER NO CIRCUMSTANCES BE LIABLE TO YOU OR ANY SUBSEQUENT OWNER FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO COSTS OF RECOVERING, REPROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA OR THE FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA, ANY LOSS OF BUSINESS, PROFITS, REVENUE OR ANTICIPATED SAVINGS, RESULTING FROM SERVIFY’S OBLIGATIONS UNDER THIS PLAN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMIT OF SERVIFY AND ITS EMPLOYEES AND AGENT’S LIABILITY TO YOU AND ANY SUBSEQUENT OWNER ARISING UNDER THE PLAN SHALL NOT EXCEED THE CURRENT MARKET VALUE OF THE REGISTERED DEVICE. SERVIFY SPECIFICALLY DOES NOT WARRANT THAT (i) IT WILL BE ABLE TO REPAIR OR REPLACE REGISTERED DEVICE WITHOUT RISK TO OR LOSS OF PROGRAMS OR DATA, (ii) IT WILL MAINTAIN THE CONFIDENTIALITY OF DATA, OR (iii) THAT THE OPERATION OF THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE. NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT SERVIFY’S LIABILITY FOR (I) DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE, OR (II) FRAUD. TO THE EXTENT THAT LIABILITY UNDER SUCH LAWS AND REGULATIONS MAY BE LIMITED, SERVIFY’S LIABILITY IS LIMITED, AT ITS SOLE OPTION, TO REPLACE OR REPAIR OF THE REGISTERED DEVICE OR SUPPLY OF THE SERVICE
  11. Transfer of Plan
    1. The transfer of ownership of the Plan for the Registered Device from the Device to another party will render the Plan & its benefits null and void
    2. If the Registered Device is replaced under Manufacturer’s Warranty during the Plan Term, then the replacement Device will be termed as Registered Device, with the applicable Plan benefits for the remaining period of the Plan Term. 

  12. General Terms
    1. Servify may subcontract or assign performance of its obligations to third parties but shall not be relieved of its obligations to you in doing so
    2. Servify is not responsible for any failures or delays in performing under the Plan that are due to events outside its reasonable control
    3. You may be required to perform preventative maintenance on the Registered Device to receive service under the Plan, and update the Servify App from time to time whenever there is a new version is available on the App Store or as advised on servify.in
    4. This Plan is offered and valid only if you are making a purchase in India and using in India
    5. This Plan is not offered to persons who have not reached the age of majority. This Plan may not be available in all states, and is not available where prohibited by law
    6. In carrying out its obligations Servify may, at their discretion and solely for the purposes of monitoring the quality of their response, record part or all of the calls between you and them
    7. You agree that any information or data disclosed to Servify under this Plan is not confidential or proprietary to you. Furthermore, you agree that Servify may collect and process data on your behalf when it provides service. This may include transferring your data to affiliated companies or service providers in accordance with the Customer Privacy Policy of Servify, details of which are available on its website under servify.tech/privacy/
    8. Servify have security measures, which should protect your data against unauthorized access or disclosure as well as unlawful destruction. You will be responsible for the instructions you give to Servify regarding the processing of data, and Servify will seek to comply with those instructions as reasonably necessary for the performance of the service and support obligations under the Plan. If you do not agree with the above or if you have questions regarding how your data may be impacted by being processed in this way, contact or Service at the support mediums provided such as  support@servify.tech 
    9. The terms of the Plan, including the original sales receipt of the Registered Device and the Plan Confirmation, prevail over any conflicting, additional, or other terms of any purchase order or other document, and constitute your and Servify’s entire understanding with respect to the Plan
    10. Servify is not obligated to renew this Plan. If either Servify does offer a renewal, they will determine the price and terms
    11. There is no informal dispute settlement process available under this Plan
    12. In the event any section or portion of a section of these terms and conditions are deemed invalid, void or unenforceable, that section or portion of a section shall be severed from these terms and conditions, and the remaining terms and conditions shall continue in full force and effect
    13. These terms and conditions shall be governed by and construed under the laws of India
    14. These terms and conditions do not affect your statutory rights as a consumer
  13. Support Contact Details:
    1. Servify Customer Service Number: 1800 123 333 888 (Toll Free), All days, 9am to 9pm
    2. Servify Customer Service Email ID:  support@servify.tech
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