Accidental Physical and Accidental Liquid Damage Protection (“Plan”)
- The Plan
This Accidental Damage Protection Plan governs the support process for accidental physical and fluid damages for under warranty Apple Watch sold by its manufacturer’s official sales channels in India in its original packaging. This Plan is not valid for any products that are purchased by a customer post a return from the first customer & even in unboxed condition.
- Benefits under the Plan begins when you (“Customer”, who is the User of the Apple Watch) purchases the Plan and ends on completion of Twelve months from the date of original purchase of the Apple Watch (“Plan Term”)
- Only one repair request per Apple Watch is allowed during the term of the Plan. All subsequent repair requests shall be considered for paid repair only.
- This Plan can be purchased only within 15 calendar days of the original purchase of the Apple Watch, and subject to the Apple Watch being in its perfect working condition
- 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 Apple Watch
The purchaser of the Apple Watch whose name is mentioned on the original invoice is the Customer. The purchaser’s spouse, children and parents can be the users of the Apple Watch. If the purchaser is a company, Customer shall mean any representative/employee of the company authorized to use the Apple Watch.
- Benefits Value
Maximum Benefits Value is equivalent to the invoice value of the Apple Watch. The Customer must pay a Processing Fee of Rs. 1000/- for replacement of the Apple Watch during any repair event under the Plan.
Scope of Service under the Plan
Provided the Apple Watch 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 Apple Watch from official sales channels of original manufacturers in India, the following conditions would be considered under the Plan.
- Suffers accidental physical damage and/or such damage that causes it to stop working on normal usage.
- Fails to work because accidentally fluid has entered its internal circuitry, resulting into stoppage of the Apple Watch
- If the Plan has been purchased more than 15 days from the purchase of the Apple Watch.
- Any damages to the Apple Watch prior to the Plan activation
- Any damages reported within 15 days of activation of the Plan
Any damage to the Apple Watch:
- due to Intentional act or wilful neglect
- arising before or after Plan Term
- under mysterious circumstances including lost or stolen
- resulting from or caused by theft, or attempted theft of Apple Watch, left in unattended vehicle or room
- such as lost, forgotten/misplaced/left unattended, missing, fallen and any loss under mysterious circumstances
- Loss or damage not reported to Servify within 48 hours of the loss or damage to the Apple Watch
- due to hire or loan of the Apple Watch to a third party or if ownership is transferred
- Loss arising due to unlawful act including Terrorist activity, War, Nuclear Explosion, Radioactive Contamination, Chemical, Biochemical, Biological, Electromagnetic, Cyber Attack
- caused by incorrect storage, poor care and maintenance, careless use, gross negligence, incorrect installation and incorrect set-up
- due to negligence, intentionally misplaced, left unattended & forgotten at a public place
- due to any experiments or tests and/or alterations resulting to any abnormal conditions of the Apple Watch
Damage caused by:
- a product/accessory that is not the Apple Watch
- operating the Apple Watch outside the permitted or intended uses described by manufacturer
- 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
- Third-party products or their effects on or interactions with the Apple Watch or the software
- Consequential loss of any kind or description including wear & tear, manufacturing defects
- Cosmetic damage to the Apple Watch including but not limited to scratches, dents and broken plastic on ports
- Loss or damage covered by supplier, dealer or Manufacturer’s Warranty
- Apple Watch 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 Apple Watch.
- Defects caused by normal wear and tear or otherwise due to normal aging of the product
- Issues that could be resolved by upgrading software to the then current version
- Your use of a computer or operating system that is unrelated to consumer software or connectivity issues with the Apple Watch
- Damage to, or loss of any software or data residing or recorded on the Apple Watch
- Recovery and reinstallation of software programs and user data
- Any damage to the watch straps or other accessories.
- 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
Servify shall not be liable in respect of loss or damage to Apple Watch relating to or caused due to the following:
- 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
- Penalties for delay or detention or in connection with guarantees of performance or efficiency
- Loss due to the Apple Watch 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
- Loss due to deterioration or wearing away or wearing out of any part of the Apple Watch that is caused due to or naturally resulting from its normal use or exposure
Servify shall not be liable if:
- the user is found to be involved in any way in fraudulent or illegal activity of any kind whatsoever related to this Plan or Apple Watch and/or
- the Plan is purchased for the Apple Watch after 15 calendar days from the date of purchase of the Apple Watch
- Due to the inability of the Customer to submit either of the processing documents or supporting documents required for processing the request
- 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
Service Request Process
In the event of damage of the Apple Watch, you (Customer) are required to:
- 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 firstname.lastname@example.org
- Submit all request related documents including but not limited to the purchase invoice of the Apple Watch and Photo ID Proof of the Customer and any other document as mentioned in the Servify Consumer Web Portal.
- Please note, you will not handover the Apple Watch for repairs at any service centre, including at any Apple Authorised Service Provider (AASP) until confirmed by Servify. It is expressly stated that Servify will not be held responsible for fulfilling any such requests where the Apple Watch 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
Service Fulfilment Process
- Servify provides services through Pick/Drop Support (“PUDO”) Service for the Apple Watch, for serviceable locations, for the rest you may visit the nearest Servify and Apple 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 Apple Authorized Service Provider after verification of the entitlement and validity of the Plan. Once you are notified & that the replacement is available, you will promptly be notified via the app & Servify Consumer Web Portal. The replaced Apple Watch will be delivered to the address of initial pickup if PUDO service is availed.
- Servify reserves the right to change the method by which they may provide repair service to you, and your Apple Watch’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.
To receive service or support under the Plan, you agree to comply with the following:
- Provide a copy of your Apple Watch’s original proof of purchase at the time of raising a
- Provide information about the reasons and causes of the damage to the Apple Watch
- Provide identity proof if requested by Servify (at the time of raising a ‘Damage Repair Request’) to verify the User of the Apple Watch, on which Plan is activated
- Respond to requests for information, including but not limited to the Apple Watch serial number, model, version of the operating system and software installed, any peripherals Devices connected or installed on the Apple Watch, any error messages displayed, actions taken before the Apple Watch experienced the damage and steps taken to avoid the damage
- Follow instructions Servify gives you, including but not limited to refraining from sending Apple Watch that is not subject to damage protection as per the Plan and packing the Apple Watch in accordance with shipping instructions as per the Plan
- Make sure to backup software and data residing on the Apple Watch. DURING THE FULFILLMENT OF DAMAGE PROTECTION SERVICE, SERVIFY OR THE ASP MAY DELETE THE CONTENTS OF THE APPLE WATCH AND REFORMAT THE STORAGE MEDIA IF NECESSARY. Servify, or ASP will provide a replacement unit as the Apple Watch was originally configured, subject to applicable updates
- 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 APPLE WATCH. SERVIFY SPECIFICALLY DOES NOT WARRANT THAT (i) IT WILL BE ABLE TO REPLACE APPLE WATCH 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 THE APPLE WATCH.
- 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
- Servify is not responsible for any failures or delays in performing under the Plan that are due to events outside its reasonable control
- You may be required to perform preventative maintenance on the Apple Watch to receive service under the Plan.
- This Plan is offered and valid only if you are making a purchase in India and using in India
- 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
- 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
- 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 email@example.com
- The terms of the Plan, including the original sales receipt of the Apple Watch 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
- Servify is not obligated to renew this Plan. If either Servify does offer a renewal, they will determine the price and terms
- There is no informal dispute settlement process available under this Plan
- 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
- These terms and conditions shall be governed by and construed under the laws of India
- These terms and conditions do not affect your statutory rights as a consumer
- Important Information:
- This Agreement shall be governed and interpreted by, and construed in accordance with, the substantive laws of India and, subject to the arbitration agreement, only the courts of Mumbai shall have exclusive jurisdiction
- Any communication in respect to this policy may be sent to Service Lee Technologies Private Limited. Service Lee Technologies Private Limited
1022, 2nd Floor, Building No.: 10, Solitaire Corporate Park, Andheri-Kurla Road, Andheri – East, Mumbai – 400 093, Maharashtra, India Tel: 1 800 123 333 888 (Mon-Sun, 9am-9pm) email firstname.lastname@example.org
- Support Contact Details:
- Servify Customer Service Number: 1800 123 333 888 (Toll Free), All days, 9am to 9pm
- Servify Customer Service Email ID: email@example.com