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Warranty on Sale of Refurbished Products (RW)

 

1. DEFINITIONS 

1.1. “Plan(s)”: shall mean either or all of the products/ services package offered by XtraCover from time to time

1.2. “Plan Fee” shall mean the fees charged by XtraCover from time to time for the Plan(s) availed by the Customer and set out in the respective Plan Terms. The Plan Fee is applicable for the respective duration of the plan as mentioned below. The Plan Fee is inclusive of all applicable taxes.

1.3. “Plan Terms” shall mean the terms and conditions separately provided with the Terms herein which shall be specifically applicable in relation to each Plan(s).

1.4. “Plan Eligibility” This Plan can be purchased only same day of the purchase of the Refurbished Device, and subject to the Device being in its perfect working condition

1.5. “Free Look-In Period” shall mean the number of days from the date of purchase of the Plan(s) within which the Customer may cancel the Plan(s) and obtain a refund of the Plan Fee.

1.6. “Service Partner” means any third-party service provider affiliated with XtraCover.

1.7. “Personal Information/Data” shall mean and include such personal and financial information of the Customer relating to his/her data or documents, in any medium including financial information such as bank account or credit card or debit card or other payment instrument details, identification document details including passport, PAN card details, driving license, etc.

1.8. “Service Center” means the Authorized Service Center of XtraCover used for carrying out Damage device Repair/Replacement. 

2. PURPOSE

2.1. These terms and conditions (“Terms”) shall govern the transaction between Aforeserve Technologies Pvt Ltd (“XtraCover”) and the party whose name appears on the Order (“Customer”) in relation to the Plan(s) provided by XtraCover.

2.2. These general terms and conditions define the framework and the respective obligations of the parties.

2.3. Customer acknowledges the receipt of the Terms and the Plan Terms, as applicable and agrees to be fully bound by the Terms and the relevant Plan Terms. In the event, the Customer activates the Plan by sharing device details or avails of any benefit under any of the Plan Terms or lodges a claim within the term of the Contract, the Customer shall deem to have accepted the Terms unconditionally.

3. CUSTOMER CONSENTS AND CONFIRMATIONS

3.1. Further, the Customer hereby consents to the use of the Personal Information by XtraCover for the purposes of providing the various services under the Plan(s) offered by XtraCover. XtraCover respects the privacy of the Customer and the confidentiality of Customer’s Personal Information so collected by XtraCover by itself or on its behalf and shall take all reasonable steps to protect it and maintain its confidentiality.

3.2. The Customer expressly and without limitation, consents to XtraCover or its service partners recording phone calls between the Customer and XtraCover on the helpline numbers set out in the relevant Plan Terms in order for XtraCover to inter alia (i) provide a record of the instructions received from the Customer and to share the same with the Service Partners, if required, (ii) allow itself or its service partners to monitor quality standards, (iii) training purposes, and (iv) meet legal and regulatory requirements.

3.3. The Customer acknowledges that XtraCover has the sole right to vary the features/benefits under the Plan(s) or the Plans or the amount or rate of the Plan Fee or part thereof, from time to time.

3.4. The Customer hereby provides his/her consent to XtraCover for appointing agents to collect amount payable to XtraCover, as may be considered necessary at the sole discretion of XtraCover.

3.5. The Customer acknowledges that XtraCover may engage third parties including Service Partners for the fulfilment of the services and the Customer hereby consents to XtraCover disclosing, to the extent relevant, the Customer’s Personal Information and/or details of Plan(s) availed by the Customer to inter alia (a) our affiliates Service Partners (b) to our suppliers, vendors, for the purposes of servicing the Customer.

3.6. The Customer hereby consents to XtraCover identifying any service providers and/or products that may be of some interest to the Customer.

3.7. The Customer hereby consents to receiving period SMS / email communication from XtraCover of information pertaining to its product features / services.

 4. FEES & CHARGES

4.1. XtraCover shall charge the Plan Fee from the Customer for availing of the Plan(s) from time to time and for the duration of the respective Plan. The Plan Fee shall be payable in advance including applicable taxes and levies.

4.2. The Plan Fee(s) for the respective Plan(s) shall be as more particularly set out in the Plan Terms.

4.3. Activation of XtraCover Plan(s) is subject to realization/receipt of the Plan Fee and receipt of documents and device related information as specified in the activation form on www.xtracover.com

4.4. The warranty period for the RW is valid for a fixed period, starting from the date on which the QC is done (akin to the re-manufacturing date). Customer is advised to check the Warranty validity on the link provided on XtraCover website

4.5. Customer shall make payment of all charges in advance at the time of subscribing for the Services

4.6. For Services to be provided by XtraCover for repair/replacement necessitated by non-covered breakdowns, Customer shall forthwith make payments towards cash receipt or invoice raised by XtraCover or its Authorized representative

4.7. Charges payable by the Customer are exclusive of taxes, duties or levies unless expressly stated to the contrary

4.8. Charges payable for accessories used for Re-installation, if not provided by customer will have to be borne by the customer

5. SERVICING OF CLAIMS

5.1. The Customer acknowledges and understands that service or payment of any benefit under the Plan shall be at the sole discretion of XtraCover.

5.2. Any service request made by the Customer under these Terms and Plan Terms shall be subject to the following:

i. The Customer having met and complied with the Terms and the Plan Terms (as applicable). This also applies to terms and conditions set out herein and any others which may be added to the Terms and/or the Plan Terms and communicated to the Customer at a later date

ii. When Customer is raising a Service Request to XtraCover, the customer would be asked to activate the Warranty Plan by completing the registration thru XtraCover Website, if the Warranty Plan has not been activated by Customer already,

iii. The Customer having provided XtraCover with full and accurate information in connection with the services plan, as applicable

iv. The Customer having acted in a bona fide manner to make a service request

v. The Customer having complied with the requirements of the service plan for the purposes of processing the service request

vi. Service request form duly filled submitted by the Customer

vii. Invoice copy

viii. Govt. issued ID proof.

ix. Any other document or evidence as may be required by XtraCover

5.3. Notwithstanding anything contained hereinabove, XtraCover shall not be obliged to entertain any service request from the Customer unless (i) the Customer is over the age of 18 years at the time of Plan activation and a resident of India, and (ii) the Plan Fee up to the date of service has been paid.

 6. CANCELLATIONS/ RENEWAL/TERMINATION

6.1. XtraCover will cancel the Terms and/or the Plan Terms if XtraCover does not receive the Plan Fee (all inclusive) on the date it is due.

6.2. XtraCover will cancel the Terms and/or the Plan Terms if the Customer has at any time:

i. Agreed to help any third party to try to fraudulently or dishonestly obtain money from XtraCover

ii. Is in violation of applicable law as may be relevant to the use of the Plan(s); or

iii. Failed to meet the Terms and/or the Plan Terms, or to act in good faith, openly, honestly and in a bonafide manner towards XtraCover including by providing false or inaccurate information; and

iv. Customer fails to return to XtraCover or its authorized Service Partner(s) any goods/devices temporarily lent to him/her or money advanced on an emergency basis to him/her which are to be returned/reimbursed/paid as per the terms of the Plan to XtraCover or to its authorized Service Partner.

There is no free look-in period for RW.

6.3. XtraCover RW Plan will be terminated in the following scenarios:

i. At the closing hours of the coverage end date.

ii. We replace your product or offer you a monetary settlement in lieu of the same, whichever happens earlier.

7. CONFIDENTIALITY

7.1. XtraCover shall make reasonable efforts to ensure that the Personal Information of the Customer is kept confidential and not disclosed to any third party except to the extent required for fulfilment of services. 

8. REPRESENTATIONS AND WARRANTIES

8.1. The Customer represents that he/she is completed the age of 18 years and is a resident of India.

8.2. The Customer is in compliance with the applicable law as may be relevant for the Plan (s) which is availed of by the Customer.

8.3. The Personal Information provided by the Customer for the purposes of availing of the Plan(s) is and shall be true and accurate. 

9. OBLIGATIONS AND COVENANTS OF THE CUSTOMER

9.1. If the Customer receives a benefit as contemplated under any specific Plan Terms and it is later discovered that the service request was dishonest, fraudulent or false, XtraCover will take steps to recover from the Customer, such payment(s) made to the Customer, either by XtraCover or a third party, as the case may be.

9.2. The Customer undertakes that he/she shall strictly comply with the terms of usage contained in the Plan Terms in relation to the use of the Plan(s).

9.3. The Customer undertakes and covenants that he/she shall not make use of the Plan(s) to or in the course of usage of the Plan(s),upload, display, publish, update, disseminate or transmit content or information that:

i. Belongs to another person and to which the user does not have any right to or which is confidential;

ii. Is an impersonation of another person, grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

iii. Harm minors in any way;

iv. Infringes any patent, trademark, copyright or other proprietary rights;

v. Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

vi. Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or

vii. Threatens the unity, integrity, defense, security or sovereignty of India or seditious, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any other nation or violates any other provision of law. 

10. LIMITATION OF LIABILITY

10.1. XtraCover shall not be liable to the customer for any damages resulting from or related to any services performed by XtraCover hereunder, including, but not limited to, any loss of data or software, inability of XtraCover to correct any errors, malfunctions and defects in the product/equipment/hardware/software delay of XtraCover in performing any services hereunder.

10.2. In no event, shall XtraCover be liable to the customer for any indirect, special, or consequential damages or lost profits arising out of or related to services provided by the XtraCover under this contract, even if XtraCover has been advised of the possibility thereof, or knew or should have known thereof.

10.3. The maximum liability of XtraCover for each incidence shall not exceed the Plan Fee 

11. INDEMNITY

11.1. The Customer hereby agrees to defend, indemnify and hold XtraCover and its officers, directors, employees and subcontractors harmless from any and all losses, damages, liabilities, verdicts, settlements, judgments, costs, and expenses (including reasonable attorneys' fees) incurred by XtraCover or its officers or employees arising out of:

i. Any wrongful act or omission of the Customer in relation to the usage of the Plan(s);

ii. Any willful misconduct, gross negligence or fraud by the Customer;

iii. Any failure of the Customer to comply with the applicable law;

iv. Any breach of the representations, warranties, obligations and covenants of the Customer or a default of the Customer’s obligations; and

v. Any third party claims arising out of the Customer’s use of the Plan(s).

11.2. This indemnity will survive the termination of the Terms and/or the Plan Terms and is in addition to and not in substitution of the other remedies and rights that XtraCover may have, either at law in the Terms and/or the Plan Terms

12. NOTICES

Any notice required under the Terms and/or the relevant Plan Terms must be in writing and must be either (a) delivered in person, (b) sent by registered mail, or air mail, as appropriate, or (c) sent by overnight courier, in each case properly posted and fully prepaid to the appropriate address set forth herein. Aforeserve Technologies Pvt Ltd at A-1, 3rd Floor, Block A, Okhla Industrial Area, Phase 2, New Delhi - 110020, India

13. MISCELLLANEOUS

13.1. The Terms will enure to the benefit of the legal successors of XtraCover. Other than as stated above, no assignment of the Terms is possible.

13.2. XtraCover will not incur any liability to the other party on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control and without negligence of the parties. Such events, occurrences, or causes will include, without limitation, acts of God, riots, acts of war, natural disaster, fire and explosions, or any other events reasonably beyond the control of either party.

13.3. XtraCover reserves the right to amend the Terms and/or the Plan Terms and/or the features or pricing of the Plans. Upon such amendment such terms will become applicable immediately.

13.4. The Terms along with the relevant Plan Terms constitutes the entire agreement between the parties with respect and in relation to the Plan (including any modification or amendment thereto) subscribed or availed of by the Customer and supersedes all previous communications, representations, understandings and agreements, either oral or written.

13.5. The Agreement shall be governed by the laws of the Republic of India.

13.6. All disputes arising in connection with the Terms and/or the respective Plan Term(s) shall be finally settled by arbitration pursuant to the rules of the Arbitration and Conciliation Act, 1996, by one arbitrator appointed in accordance with the said Rules. The seat of arbitration shall be Delhi. The language of the arbitration proceedings shall be English. The decision of the arbitrator shall be final and binding on the parties.

14. SERVICE DESCRIPTION
14.1. Definitions

i. The definitions as set out herein are in addition to the definitions as set out in the General Terms

ii. “Device” shall mean the item/appliance/equipment of the Customer for which he is purchasing the Service Plan. The Customer can only avail of the RW Plan in relation to one Device eg. a Laptop or a Mobile phone or Tablet etc.  ie one Plan per Device. “SIM Card” shall mean the Subscriber Identification Module card of the Customer which is used by the Customer in his/her Mobile Phone or Tablet

iii. “SMS” shall mean short message service

iv. “Telecom Service Provider” shall mean the telecom service provider who provides the Customer with the SIM Card and Mobile Phone connection

v. “Beneficiary” shall mean the buyer of the XtraCover Protection Service Plan, who has opted for the Service under this Plan and has got the same activated, as per the terms and conditions of this Plan, with the details which are intimated to Customer under the Declaration. It is agreed that the Device should be in the name of Customer. Where the Customer is a corporate entity, beneficiary shall mean any representative / employee of the entity authorized to use the Device. It is also agreed that the Covered Device can be used by the Customer or immediate family members restricted to parents, spouse and children only or where such customer is a corporate entity, Beneficiary shall mean any representative/employee of the customer who is authorized by the customer to use the Covered Device

vi. “Official Channel” shall mean Manufacturer, Manufacturer Subsidiary Company, XtraCover Authorized Retailer/Dealer/Distributor, Authorized Service Partners, Online Retail channel and XtraCover official website & apps

vii. “Normal Operating Condition” shall mean ability of the Device to perform its specified function subject to the acceptable level of change in performance due to ageing or climatic conditions. The acceptable level of change for this purpose will be as per the respective Manufacturer’s specifications

viii. “Normal Use” shall mean use of the Device in accordance with the Manufacturer’s guidelines for Device  usages including but not limited to regular maintenance and upkeep of the Device , usage of specified protection device such as voltage stabilizer

ix. “Mechanical/Electrical Breakdown” shall mean defect, the breaking or burning out (electrical) of any defined parts of the covered Device arising from mechanical or electrical defect causing sudden stoppage of their functions, necessitating visit, repair or replacement

x. “Covered Breakdown” shall mean breakdown covered during the manufacturer’s warranty/Guarantee period. The covered breakdown will vary for each Device in accordance with the manufacturer’s warranty/guarantee for the said period

xi. “Onsite Repairs” shall mean the repair technician will visit the premises where the Device has been installed to provide the repair services xii. We, Us, Our: The issure of RW Plan i.e Xtracover

xiii. You, Your: The person to home we are issuing RW plan. 

14.2. Coverage:

i. Only those products & brands which are sold through a seller who has done the QC as per the policies defined by XtraCover and supported by an invoice from the seller showing the purchase of RW. The Warranty validity is for a fixed period from the QC date ie the de-facto re-manufacturing date. The customer is advised to check the validity of warranty from the link available on the XtraCover website.

ii. RW provides warranty for Refurbished Devices against any malfunctions or breakdown for the duration of the validity of the Plan. In consideration of the RW fee paid by you, we will provide the cost of repair for the covered breakdown of your Device during the period of RW, subject to the terms and conditions, exceptions and limitations contained herein or endorsed hereupon in future. We will organize for the repairs to normal operating condition or replace at our discretion with an equivalent Device or provide a settlement by way of monetary settlement at our sole discretion, after it has suffered a covered break down during normal use

iii. This contract covers the cost of parts and labor for the Device on an onsite service basis. Cost of transportation is covered, if required, for transporting the unit to the service center and back for repairs which are not technically advisable to be performed at your premises

 14.3. Conditions of Cover

 i. You must be at least 18 years old on the date of purchase of RW Plan

ii. RW Plan is limited to Devices that are purchased through authorized RW sellers of XtraCover in select cities within defined geographic boundary of the Republic of India.

iii. At point of service, during the RW plan duration, the customer is required to show the proof of purchase i.e. Device purchase invoice

iv. XtraCover reserves the right to deny service and cancel the RW Plan without any refund whatsoever, if Customer fails to produce the above information

v. XtraCover or its authorized service providers shall provide Services only during normal working hours on regular working days of XtraCover and/or its authorized service providers

vi. Normal working hours would be 9:00 am to 6:00 pm on all days excluding public holidays

vii. The RW Plan becomes void if the tamper-proof seals on the Device are found broken, when the Device is attended to by XtraCover engineer.

viii. RW Plan covers the cost of parts and labor charges for at-home service within the city/municipal limits of the XtraCover Service Centers. XtraCover will transport the Device to service center for performing repairs, if required and if the Device  location is within its serviceable area

ix. Providing service at locations which are not in the serviceable limit of XtraCover: XtraCover reserves the right to provide adequate solution by either refund of the plan fee or advice customer to get it repaired through an authorized brand service center and then claim reimbursement subject to satisfactory verification of documents/proofs as demanded by XtraCover.

x. In all such cases, the customer should present a repair estimate from the authorized brand service center and proceed with repairs only when explicit approval is given by us. Our liability in all such cases will be towards the covered damages only

xi. All the documents should reach XtraCover within 30 days of your first intimating the service request to us.

xii. In case the defective unit needs to be transported to service center and it is outside the serviceable limit of XtraCover, Customer shall arrange for the same and XtraCover will reimburse the amount upon producing valid invoice towards the same. Customer shall take full responsibility of the Device during transportation and indemnify XtraCover of any damage that occurs during this process

xiii. During the validity of the RW Plan, XtraCover will attend to the defects reported by the customer, including replacement of the defective electrical/electronic components that are required to be replaced to make the Device electrically functional. This is subject to the condition, the breakdown of the Device being due to normal usage

xiv. In case the damage/malfunction of the device is due to reasons other than that covered under RW or it is caused by conditions defined under exclusions, XtraCover shall offer to repair the device for the customer. The cost of such repairs like labor, visit, cost of parts replaced, cost of transporting the device to service center (if required) will have to be borne by the Customer

xv. All defective components replaced by XtraCover shall become the property of XtraCover and the customer shall not claim any right to the same

xvi. Defects and/or Parts not covered under the original manufacturer’s warranty, will not be covered under RW Plan

xvii. All defective components will be replaced with parts which are new or like new in performance adhering to manufacturer’s specifications, at our sole discretion

xviii. In case the cost of repair exceeds 80% of the price at which the Refurbished Device was purchased, or the Device cannot be repaired within the reasonable time or reasons beyond its control, XtraCover shall have the discretion to compensate the prevailing market value of the Device post applicable depreciation. Please refer to the section ‘Basis of Loss Settlement’ to know depreciation schedule

xix. In case we compensate you as above, all our obligations under this contract are deemed fulfilled and the plan coverage stands terminated. The defective Device in all such cases shall become our property and the same should not be destroyed, or damaged, or salvaged by you under any circumstances

xx. XtraCover at its sole discretion determines the issuances of standby/loaner unit subject to availability and for select city and select Device category

14.4. Covered Devices

i. Mobile Phones, Laptops, Tablets, Television, Air Condition, Refrigerator, Washing Machine, Microwave, Water Heater, Kitchen Appliances, etc.

ii. The refurbished devices purchased in INDIA through assigned legal channel only, will be considered under this service plan.

14.5. Service Assurance for Qualifying Brands

i. In the event of your Device requiring repair, XtraCover will undertake to get your Device  repaired

ii. Subject to the other terms and conditions mentioned in this document, XtraCover provides committed timelines for repairs of Devices. In the event that your Device requires repairs, XtraCover will get the repairs carried out within a period of 15 working days from the date of registering a request with XtraCover. If XtraCover is unable to get your Device repaired within the time period specified above from the date of registering a request, you will be eligible to receive a replacement Device  or a settlement amount reflecting prevailing market value of your Device  post applicable depreciation at the sole discretion of XtraCover, provided that:

a. There is no delay in providing access to the Device to us when we request you to provide such access to us for repairs; any delay in providing access to the Device  will extend the commitment by the delayed period

b. You are able to provide the correct documentation to us on time when we request you for it; any delay in handing over the correct documentation to us will extend the commitment by the delayed period

c. You respond within reasonable time to request(s) for any relevant information regarding the Device or to any other information sought by us to process your request quickly; any delay in responding to us in a timely manner will extend the commitment by the delayed period

iii. At times, unforeseen events disrupt the supply of spare parts for an extended period of time, or manufacturing brands at times are unable to provide spare parts due unforeseen circumstances in their operations. While XtraCover will make all efforts to provide a resolution in the committed timelines, the Service Timeline will not apply when spare parts supply is disrupted due to events over which XtraCover has no control especially when those events disrupt global supply chains. However, XtraCover shall inform you of any such delay and provide you confirmation from the brands or its authorized representatives on the delay.

14.6. Covered Amount: cost of equipment only as per purchase invoice or covered amount as per XtraCover plan selected by the customer, whichever is lower
14.7. BER (Beyond Economical Repairs): is the cost of repair equal to or more than 90% of Invoice Value. In case of Total loss/BER or if the device is beyond repair due to spare parts unavailability, device model being phased out in the market or other reasons XtraCover at its discretion may choose to provide customer with a Replacement device (Refurbished) of same model or similar model on case to case basis OR may pay the customer the depreciated amount
14.8. Basis of Loss Settlement:

i. In case of Total Loss or BER of the covered device, XtraCover shall refund Invoice value of the device after deducting any previous service amount and depreciation as applicable. In such event, damaged device will be retained by XtraCover.

ii. For replacement cases, the basis of settlement will be the replacement value subject to deducting any previous service amount and depreciation applicable as per total loss cases.

iii. If the estimate is more than the amount limit, repair can be done on the basis of differential amount to be paid by the customer

iv. The plan will get terminated immediately for the covered device for all such cases

v. Depreciation Chart: Applicable only for Total Loss / BER cases –

 

Age of the Insured Device

Depreciation %age on invoice value of purchase of Refurbished Device

Within the Plan period

10%

 

 

 

vi. If we compensate you as above, all our obligations under this contract will be deemed fulfilled and there will no longer be any coverage under the plan.

14.9 Mandatory Device related information for plan activation:
i. It is mandatory for the Customer to provide the following device related information to XtraCover for the purpose of activating the plan.

1. Customer Name

2. Address

3. Landmark

4. PIN Code

5. Email ID

6. Contact Number

7. Brand name

8. Model no.

9. IMEI no. / Serial no.

10. Invoice value

11. Invoice date

12. Upload Invoice copy

13. Upload valid Govt. ID (PAN Card / Aadhaar Card / Driving License)

ii. Whereas XtraCover will make all efforts to collect the above information from the Customer, it is the responsibility of the Customer to ensure that all the said information is made available to XtraCover. Also, the invoice value of the invoice which is uploaded should match the Invoice Value shown in Order Summary on the Registration Screen. XtraCover will be able to activate the plan on the said device only after receiving the above-mentioned information. In case of non-receipt of the above-mentioned information OR mis-match in the Invoice Value, any service request on the said Device may be declined by XtraCover.

iii. In case of Apple device, it is mandatory for the customer to deactivate their Apple ID from device and relevant places before giving their device for repair/replacement. XtraCover may return the device unrepaired in case Apple ID is not deactivated.

14.10 Exclusions

i. Any problems or defects not covered by manufacturer’s warranty

ii. Service of Devices which are not supported by valid Proof of Purchase by customer shall not be admissible under the policy

iii. Non-operating and cosmetic damage to the Device , such as damage to paintwork, Product finish, dents or scratches

iv. Accessories used in or with the Device including but not limited to remote, batteries, USB/HDMI cable and replacement of any consumable item or accessory

v. Normal wear and tear items, not integral or necessary to the functioning of the Devices or routine service

vi. Routine maintenance, cleaning, lubrication, adjustments or alignments, overhaul, modifications and descaling

vii. Physical Damage to the Device ( like broken or cracked Screen, broken hinges, broken keys, burnt adapters or cables etc )  due to accident, misuse, abuse, neglect or improper maintenance

viii. Damage resulting from power outage, power surges or drips, fluctuating voltage, inadequate or improper voltage or current

ix. Replacement of any consumable item or accessory. These include, but are not limited to batteries, bags, covers, plugs, fuses, light bulbs, light covers, cables, filters, attachment, belts, toners, ribbons, drums, tapes or software, and add-on options incorporated in a Device for which the RW Plan  was purchased

x. Damage caused by unauthorized modification, alteration, adjustment, repair, service or installation by unauthorized personnel is not covered. Such unauthorized repair or replacement of covered Devices shall result in the cancellation of this Plan

xi. Damage caused by unauthorized repair, theft, burglary and accident including earthquake, storm and or hurricane, abuse, misuse, sand, dust, water, negligence, fire, flood, lightning, malicious damage, impact, corrosion, battery leakage, acts of god, pandemic, animal or insect infestation or intrusion

xii. Reception or transmission problems resulting from external causes

xiii.Problems or defects caused by unauthorized modifications/repairs or failure to follow the manufacturer’s operating manual

xiv. Any Incidental Costs arising from being unable to use the Device or from damage which results from the Breakdown of the Device

xv. Damage/failure caused before or during Transportation or Device delivery

xvi. Service of Device on which the Manufacturer’s label or logo, rating label or Serial number have been defaced or removed

xvii. Claims that is false or fraudulent or intentionally exaggerated or if any false declarations or statements be made in support thereof, no claim for that insured unit shall be recoverable hereunder

xviii. Service on third party products or software not supplied/authorized by the Manufacturer that may be installed in or used in connection with the Device

xix. Use of accessories not approved by the manufacturer, incorrect electrical leads or connection

xx. Replacement or fixes of unauthorized software not installed by respective brand/company

xxi. Failure due to physical damages, improper site conditions, rain or weather conditions liquid spillage, damage caused by rodents or pests

xxii. Breakdown caused by computer virus or realignments to the Device

xxiii. Commercial usage of appliances in cases where service contract is of retail nature

xxiv. Damage/failure caused before or during Device delivery

xxv. Any consequential or incidental damages arising from the use or loss of use of the Device

xxvi. The cost of repairing, restoring computer software

xxvii. Loss of data, software or any other information

14.11 Service Request process:

i. You are required to intimate about the problem to XtraCover within 7 calendar days of its occurrence beyond which the request is liable to be rejected

ii. Customer is required to call XtraCover Experience Center no. 8860396039 or login to www.xtracover.com within 48 hours of discovering the damage. . If customer has not activated the Plan, he is advised to do the same before availing the Service

iii. XtraCover team registers the service request and acknowledges the service request with SR no. to the customer over SMS

iv. Depending upon your Device and/or the nature of issue faced by you, you may be asked to follow some trouble shooting steps before registering a service request. Please follow the troubleshooting steps before registering the request.

14.12 Customer Responsibilities:

i. You need to ACTIVATE the RW Plan immediately upon buying or within a period as prescribed by XtraCover. Refer to the XtraCover sticker on the Device, if available or Helpline or Official Website for activation procedures

ii. You will be required to provide us with a copy of the complete set of requisite documents at the time of activation and service request. If the Serial Number of the device has changed due to repairs or replacement by the manufacturer/retailer, please provide us with a copy of the Swap Letter that clearly mentions the current and old Serial Number of the device within 15 days of such replacement

iii. You are required to check that the invoice provided by your seller mentions the Device details accurately and mentions the RW Plan.

iv. You are required to report the problem to XtraCover within 7 calendar days of its occurrence beyond which the request is liable to be rejected

v. It is your responsibility to properly maintain, store and use your Device according to the manufacturer instructions and take all reasonable steps to use your equipment as prescribed by the manufacturer

vi. You agree to return the defective spares or Device to XtraCover wherever requested

vii. NON-FULFILMENT of ANY of the above conditions may result in the plan being considered as void and all requests made against RW Plan are liable to be rejected

viii. Customer shall provide representative of XtraCover/its service provider full access to the Equipment/Device in order to effect necessary adjustments and repairs

ix. Customer shall provide adequate storage space for spare parts, test Product/Equipment and adequate work space, heat, light, ventilation and electric current for use by representative of XtraCover/its authorized representative for provision of Services at Customer's location

x. Customer shall cooperate with XtraCover or its authorized representatives at the time of service request and will provide with all the requisite documents asked for, for processing the service request

xi. Customer shall be responsible to de-install all add-ons and/or accessories from the Device before providing the same to XtraCover for Services, maintain backup copy of all software and data, restore software and data on the unit after repair

xii. Customer shall register all complaints/requests for Services only through official XtraCover Call Center/XtraCover App/XtraCover website

xiii. Customer shall comply with all applicable laws, rules and regulations

xiv. Customer shall indemnify us and hold harmless against any act of omission and commission and any consequences arising thereof and defend XtraCover from and against all claims, arising as a result of breach of this Contract

xv. Customer shall inform XtraCover in writing of any change in the billing address. Any written communication, billing statement or notice from XtraCover to Customer will be deemed as served within 48 hours of posting by ordinary mail or earlier as the case may be

xvi. Customer agrees that it shall be its responsibility to be aware of the Contract and the changes therein. Ignorance if any shall be the total responsibility of the Customer

xvii. The Customer understands that the Services have been subscribed on his/her own name and name change in any circumstances is not permitted

xviii. Customer shall not assign any right or interest or delegate any obligation arising herein to any person without XtraCover‘s prior written consent

xix. The Customer is solely responsible for any unauthorized transfer/change in ownership of the Device

xx. Customer shall return the standby/loan spare parts, if any provided by XtraCover on or before XtraCover returning the original set/Spares to the Customer 

15. DISPUTES & JURISDICTION

15.1 The validity, construction and performances of terms herein shall be governed by and interpreted in accordance with the laws of the Republic of India,

15.2 The parties hereto unconditionally and irrevocably agree to submit to the exclusive jurisdiction of the competent Courts in Delhi with regard to any matter or dispute arising hereto or any other documents that may be executed by the parties hereto

 

Extended Warranty (EW)

 

1. DEFINITIONS

1.1. “Device” : shall mean the item/appliance/equipment of the Customer for which he is purchasing the Service Plan

1.2. Product : shall mean the Service Plans offered by XtraCover from time to time

1.3. “Plan(s)”: shall mean either or all of the services package offered by XtraCover from time to time

1.4. “Plan Fee” shall mean the fees charged by XtraCover from time to time for the Plan(s) availed by the Customer and set out in the respective Plan Terms. The Plan Fee is applicable for the respective duration of the plan as mentioned below. The Plan Fee is inclusive of all applicable taxes.

1.5. “Plan Terms” shall mean the terms and conditions separately provided with the Terms herein which shall be specifically applicable in relation to each Plan(s).

1.6. “Plan Eligibility” This Plan can be purchased on the same day of the original purchase of the Device, and subject to the Device being in its perfect working condition

1.7. “Free Look-In Period” shall mean the number of days from the date of purchase of the Plan(s) within which the Customer may cancel the Plan(s) and obtain a refund of the Plan Fee.

1.8. “Service Partner” means any third-party service provider affiliated with XtraCover.

1.9. “Personal Information/Data” shall mean and include such personal and financial information of the Customer relating to his/her data or documents, in any medium including financial information such as bank account or credit card or debit card or other payment instrument details, identification document details including passport, PAN card details, driving license, etc.

1.10. “Service Center” means the Authorised Service Center of XtraCover used for carrying out Damage device Repair/Replacement.

2. PURPOSE

2.1. These terms and conditions (“Terms”) shall govern the transaction between Aforeserve Technologies Pvt Ltd (“XtraCover”) and the party whose name appears on the Order (“Customer”) in relation to the Plan(s) provided by XtraCover.

2.2. These general terms and conditions define the framework and the respective obligations of the parties.

2.3. Customer acknowledges the receipt of the Terms and the Plan Terms, as applicable and agrees to be fully bound by the Terms and the relevant Plan Terms. In the event, the Customer activates the Plan by sharing device details or avails of any benefit under any of the Plan Terms or lodges a claim within the term of the Contract, the Customer shall deem to have accepted the Terms unconditionally.

3. CUSTOMER CONSENTS AND CONFIRMATIONS

3.1. Further, the Customer hereby consents to the use of the Personal Information by XtraCover for the purposes of providing the various services under the Plan(s) offered by XtraCover. XtraCover respects the privacy of the Customer and the confidentiality of Customer’s Personal Information so collected by XtraCover by itself or on its behalf and shall take all reasonable steps to protect it and maintain its confidentiality.

3.2. The Customer expressly and without limitation, consents to XtraCover or its service partners recording phone calls between the Customer and XtraCover on the helpline numbers set out in the relevant Plan Terms in order for XtraCover to inter alia (i) provide a record of the instructions received from the Customer and to share the same with the Service Partners, if required, (ii) allow itself or its service partners to monitor quality standards, (iii) training purposes, and (iv) meet legal and regulatory requirements.

3.3. The Customer acknowledges that XtraCover has the sole right to vary the features/benefits under the Plan(s) or the Plans or the amount or rate of the Plan Fee or part thereof, from time to time.

3.4. The Customer hereby provides his/her consent to XtraCover for appointing agents to collect amount payable to XtraCover, as may be considered necessary at the sole discretion of XtraCover.

3.5. The Customer acknowledges that XtraCover may engage third parties including Service Partners for the fulfilment of the services and the Customer hereby consents to XtraCover disclosing, to the extent relevant, the Customer’s Personal Information and/or details of Plan(s) availed by the Customer to inter alia (a) our affiliates Service Partners (b) to our suppliers, vendors, for the purposes of servicing the Customer.

3.6. The Customer hereby consents to XtraCover identifying any service providers and/or products that may be of some interest to the Customer.

3.7. The Customer hereby consents to receiving period SMS / email communication from XtraCover of information pertaining to its product features / services.

4. FEES & CHARGES

4.1. XtraCover shall charge the Plan Fee from the Customer for availing of the Plan(s) from time to time and for the duration of the respective Plan. The Plan Fee shall be payable in advance including applicable taxes and levies.

4.2. The Plan Fee(s) for the respective Plan(s) shall be as more particularly set out in the Plan Terms.

4.3. Activation of XtraCover Plan(s) is subject to realization/receipt of the Plan Fee and receipt of documents and device related information as specified in the activation form on www.xtracover.com

4.4. Customer shall make payment of all charges in advance at the time of subscribing for the Services

4.5. For Services to be provided by XtraCover for repair/replacement necessitated by non-covered breakdowns, Customer shall forthwith make payments towards cash receipt or invoice raised by XtraCover or its Authorized representative

4.6. Charges payable by the Customer are exclusive of taxes, duties or levies unless expressly stated to the contrary

4.7. If due to any reasons the Device is replaced by the original manufacturer with a Device of different size /capacity/model/brand but of the same Device category, Customer shall be responsible to make payment of differential amounts to XtraCover for increase in the charges due to change in the Devices/Equipment

4.8. XtraCover shall however, not be responsible for refunding any money to the Customer if replacement of the Device /Equipment by the original manufacturer with a Device /Equipment of different size/capacity/model/brand but of the same Device category leads to reduction in the charges for Services

4.9. Charges payable for accessories used for Re-installation, if not provided by customer will have to be borne by the customer

5. SERVICING OF CLAIMS

5.1. The Customer acknowledges and understands that service or payment of any benefit under the Plan shall be at the sole discretion of XtraCover.

5.2. Any service request made by the Customer under these Terms and Plan Terms shall be subject to the following:

i. The Customer having met and complied with the Terms and the Plan Terms (as applicable). This also applies to terms and conditions set out herein and any others which may be added to the Terms and/or the Plan Terms and communicated to the Customer at a later date

ii.  When Customer is raising a Service Request to XtraCover, the customer would be asked to activate the Warranty Plan by completing the registration thru XtraCover Website, if the Warranty Plan has not been activated by Customer already

iii. The Customer having provided XtraCover with full and accurate information in connection with the services plan, as applicable

iv.  The Customer having acted in a bona fide manner to make a service request

v. The Customer having complied with the requirements of the service plan for the purposes of processing the service request

vi. Service request form duly filled & submitted by the Customer

vii. Invoice copy

viii. Govt. issued ID proof

ix. Any other document or evidence as may be required by XtraCover

5.3. Notwithstanding anything contained hereinabove, XtraCover shall not be obliged to entertain any service request from the Customer unless (i) the Customer is over the age of 18 years at the time of Plan activation and a resident of India, and (ii) the Plan Fee up to the date of service has been paid.

6. CANCELLATIONS/ RENEWAL/TERMINATION

6.1. XtraCover will cancel the Terms and/or the Plan Terms if XtraCover does not receive the Plan Fee (all inclusive) on the date it is due.

6.2. XtraCover may cancel the plan if the information/documents, device details or an image as stipulated in the plan, that may be required for the purpose of the service plan activation is not made available within 30 days of purchase of the plan

6.3. XtraCover will cancel the Terms and/or the Plan Terms if the Customer has at any time:

i. Agreed to help any third party to try to fraudulently or dishonestly obtain money from XtraCover

ii. Is in violation of applicable law as may be relevant to the use of the Plan(s); or

iii. Failed to meet the Terms and/or the Plan Terms, or to act in good faith, openly, honestly and in a bonafide manner towards XtraCover including by providing false or inaccurate information; and

iv. Customer fails to return to XtraCover or its authorized Service Partner(s) any goods/devices temporarily lent to him/her or money advanced on an emergency basis to him/her which are to be returned/reimbursed/paid as per the terms of the Plan to XtraCover or to its authorized Service Partner.

6.4. If notice of termination is provided by the Customer within the Free Look-In Period of 48 hours, a full refund is available. However, if the Customer has lodged a service request or availed of any benefit under any of the Plan Terms any time during the term of the plan, no refund will be available.

 

Period

Refund Percentage

– 2 days

100%

> 2 days

No Refund

 

6.5. The above refund percentage is on Plan Fee.

6.6. In addition to the typical termination that exists in XtraCover Extended Warranty T&C, the Plan will be terminated in the following scenarios:

 i. At the closing hours of the coverage end date.

ii. We replace your Device or offer you a monetary settlement in lieu of the same, Whichever happens earlier

7. CONFIDENTIALITY

7.1. XtraCover shall make reasonable efforts to ensure that the Personal Information of the Customer is kept confidential and not disclosed to any third party except to the extent required for fulfilment of services.

8. REPRESENTATIONS AND WARRANTIES

8.1. The Customer represents that he/she is completed the age of 18 years and is a resident of India.

8.2. The Customer is in compliance with the applicable law as may be relevant for the Plan (s) which is availed of by the Customer.

8.3. The Personal Information provided by the Customer for the purposes of availing of the Plan(s) is and shall be true and accurate.

9. OBLIGATIONS AND COVENANTS OF THE CUSTOMER

9.1. If the Customer receives a benefit as contemplated under any specific Plan Terms and it is later discovered that the service request was dishonest, fraudulent or false, XtraCover will take steps to recover from the Customer, such payment(s) made to the Customer, either by XtraCover or a third party, as the case may be.

9.2. The Customer undertakes that he/she shall strictly comply with the terms of usage contained in the Plan Terms in relation to the use of the Plan(s).

9.3. The Customer undertakes and covenants that he/she shall not make use of the Plan(s) to or in the course of usage of the Plan(s),upload, display, publish, update, disseminate or transmit content or information that:

i. Belongs to another person and to which the user does not have any right to or which is confidential;

ii. Is an impersonation of another person, grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

iii. Harm minors in any way;

iv Infringes any patent, trademark, copyright or other proprietary rights;

v. Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

vi. Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or

vii. Threatens the unity, integrity, defense, security or sovereignty of India or seditious, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any other nation or violates any other provision of law. 

10. LIMITATION OF LIABILITY

10.1. XtraCover shall not be liable to the customer for any damages resulting from or related to any services performed by XtraCover hereunder, including, but not limited to, any loss of data or software, inability of XtraCover to correct any errors, malfunctions and defects in the Device/equipment/hardware/software delay of XtraCover in performing any services hereunder.

10.2. In no event, shall XtraCover be liable to the customer for any indirect, special, or consequential damages or lost profits arising out of or related to services provided by the XtraCover under this contract, even if XtraCover has been advised of the possibility thereof, or knew or should have known thereof.

10.3. The maximum liability of XtraCover for each incidence shall not exceed the Plan Fee

11. INDEMNITY

11.1. The Customer hereby agrees to defend, indemnify and hold XtraCover and its officers, directors, employees and subcontractors harmless from any and all losses, damages, liabilities, verdicts, settlements, judgments, costs, and expenses (including reasonable attorneys' fees) incurred by XtraCover or its officers or employees arising out of:

i. Any wrongful act or omission of the Customer in relation to the usage of the Plan(s);

ii. Any willful misconduct, gross negligence or fraud by the Customer;

iii. Any failure of the Customer to comply with the applicable law;

iv. Any breach of the representations, warranties, obligations and covenants of the Customer or a default of the Customer’s obligations; and

v. Any third party claims arising out of the Customer’s use of the Plan(s).

11.2. This indemnity will survive the termination of the Terms and/or the Plan Terms and is in addition to and not in substitution of the other remedies and rights that XtraCover may have, either at law in the Terms and/or the Plan Terms 

12. NOTICES

Any notice required under the Terms and/or the relevant Plan Terms must be in writing and must be either (a) delivered in person, (b) sent by registered mail, or air mail, as appropriate, or (c) sent by overnight courier, in each case properly posted and fully prepaid to the appropriate address set forth herein. Aforeserve Technologies Pvt Ltd at A-1, 3rd Floor, Block A, Okhla Industrial Area, Phase 2, New Delhi - 110020, India

13. MISCELLLANEOUS

13.1. The Terms will enure to the benefit of the legal successors of XtraCover. Other than as stated above, no assignment of the Terms is possible.

13.2. XtraCover will not incur any liability to the other party on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control and without negligence of the parties. Such events, occurrences, or causes will include, without limitation, acts of God, riots, acts of war, natural disaster, fire and explosions, or any other events reasonably beyond the control of either party.

13.3. XtraCover reserves the right to amend the Terms and/or the Plan Terms and/or the features or pricing of the Plans. Upon such amendment such terms will become applicable immediately.

13.4. The Terms along with the relevant Plan Terms constitutes the entire agreement between the parties with respect and in relation to the Plan (including any modification or amendment thereto) subscribed or availed of by the Customer and supersedes all previous communications, representations, understandings and agreements, either oral or written.

13.5. The Agreement shall be governed by the laws of the Republic of India.

13.6. All disputes arising in connection with the Terms and/or the respective Plan Term(s) shall be finally settled by arbitration pursuant to the rules of the Arbitration and Conciliation Act, 1996, by one arbitrator appointed in accordance with the said Rules. The seat of arbitration shall be Delhi. The language of the arbitration proceedings shall be English. The decision of the arbitrator shall be final and binding on the parties.

14. SERVICE DESCRIPTION

14.1. Definitions

i. The definitions as set out herein are in addition to the definitions as set out in the General Terms

ii. “Device” shall mean the item/appliance/equipment of the Customer for which he is purchasing the Service Plan. The Customer can only avail of the Protection Plan in relation to one Device eg. a Laptop, Mobile Phone, Air-Conditioner, Refrigerator etc, i.e. one Plan per Device

iii. “SIM Card” shall mean the Subscriber Identification Module card of the Customer which is used by the Customer in his/her Mobile Phone or Tablet

iv. “SMS” shall mean short message service

v. “Telecom Service Provider” shall mean the telecom service provider who provides the Customer with the SIM Card and Mobile Phone connection

vi. “Beneficiary” shall mean the buyer of the XtraCover Protection Service Plan, who has opted for the Service under this Plan and has got the same activated, as per the terms and conditions of this Plan, with the details which are intimated to Customer under the Declaration. It is agreed that the Device should be in the name of Customer. Where the Customer is a corporate entity, beneficiary shall mean any representative / employee of the entity authorized to use the Device. It is also agreed that the Covered Device can be used by the Customer or immediate family members restricted to parents, spouse and children only or where such customer is a corporate entity, Beneficiary shall mean any representative/employee of the customer who is authorized by the customer to use the Covered Device

vii. “Official Channel” shall mean Manufacturer, Manufacturer Subsidiary Company, XtraCover Authorized Retailer/Dealer/Distributor, Authorized Service Partners, Online Retail channel and XtraCover official website & apps

viii. “Normal Operating Condition” shall mean ability of the Device to perform its specified function subject to the acceptable level of change in performance due to ageing or climatic conditions. The acceptable level of change for this purpose will be as per the respective Manufacturer’s specifications

ix. “Normal Use” shall mean use of the Device in accordance with the Manufacturer’s guidelines for Device usages including but not limited to regular maintenance and upkeep of the Device, usage of specified protection device such as voltage stabilizer

x. “Mechanical/Electrical Breakdown” shall mean defect, the breaking or burning out (electrical) of any defined parts of the covered Device arising from mechanical or electrical defect causing sudden stoppage of their functions, necessitating visit, repair or replacement

xi. “Covered Breakdown” shall mean breakdown covered during the manufacturer’s warranty/Guarantee period. The covered breakdown will vary for each Device in accordance with the manufacturer’s warranty/guarantee for the said period

xii. “Onsite Repairs” shall mean the repair engineer will visit the premises where the Device has been installed to provide the repair services

xiii. “Manufacturer’s Warranty/Guarantee” shall mean the original Warranty/guarantee provided by the respective Manufacturer to the respective Device as per Manufacturer’s Warranty/Guarantee terms & conditions

xiv. “Manufacturer’s Warranty/Guarantee Period” shall mean uninterrupted period of the manufacturer’s warranty/guarantee cover as stated on the original official manufacturer’s warranty/guarantee certificate and publications

xv. “Extended Warranty” shall be an extension of manufacturer’s warranty terms by a continuous period of 1 year or 2 years or 3 years starting from the expiry of manufacturer’s warranty as per the plan opted by you

xvi. “Service Contract Term” shall mean mechanical and electrical breakdown to the extent provided by the manufacturer’s warranty for domestic electrical/electronic Device manufactured in India or is legally imported in India and sold through official channel by an invoice and manufacturer’s warranty/Guarantee certificate. The Extended Warranty Plan cover commences on the expiration of the manufacturer’s warranty/guarantee period and is for a period mentioned in the service contract details of the service contract, and shall continue to remain in force for a period as applicable, unless terminated earlier as per terms herein. This Contract and the terms and conditions herein shall continue to remain in force if due to any reasons, the original manufacturer replaces the Device of the Customer with the Device of the same model during the manufacturer’s warranty period subject to such information being shared by you with XtraCover on any such occasion.

xvii. We, Us, Our: The issuer of Extended Warranty Plan i.e. XtraCover

xviii. You, Your: The person to whom we are issuing Extended Warranty Planx

14.2. Coverage:

i. Only those Devices & brands which are manufactured in India or is legally imported in India & sold through Official Channels supported by an invoice & Manufacturer’s Warranty / Guarantee. Device should have minimum of one year manufacturer’s warranty

ii. Extended Warranty Plan replicates the manufacturer’s warranty against any malfunctions or breakdown for the duration opted for by you. In consideration of the service contract fee paid by you, we will provide the cost of repair for the covered breakdown of your Device as mentioned in the contract, during the period of extended warranty, subject to the terms and conditions, exceptions and limitations contained herein or endorsed hereupon in future. We will organize for the repairs to normal operating condition or replace at our discretion with an equivalent Device or provide a settlement by way of monetary settlement at our sole discretion, after it has suffered a covered break down during normal use

iii. This contract covers the cost of parts and labour for the Device on an onsite service basis. Cost of transportation is covered, if required, for transporting the unit to the service center and back for repairs which are not technically advisable to be performed at your premises

14.3. Conditions of Cover

i. You must be at least 18 years old on the date of purchase of Extended Warranty Plan

ii. Extended Warranty Plan is limited to Devices that are purchased in select cities within defined geographic boundary of the Republic of India.

iii. Extended Warranty Plan only applies to items purchased as new. There is no cover for items described as ‘used’, ‘second hand’ or ‘refurbished’

iv. Extended Warranty Plan can be bought for all Devices outlined in the section 14.2 that carry a manufacturer’s warranty of 12, 24, or 36 months on the entire unit

v. Extended Warranty Plan will cover only Devices that are under the Manufacturer’s original warranty. Any condition / act that voids the manufacturer’s warranty would result in Device becoming ineligible for EW

vi. Extended Warranty Plan should be purchased and activated within 180 (one hundred eighty) days of date of purchase of Device

vii. Extended Warranty Plan can only be purchased for Devices that haven’t been repaired under manufacturer’s warranty or otherwise before purchase of the plan. We reserve the right to reject any claim under Extended Warranty Plan if the Device has been repaired prior to your purchasing the plan

viii. Extended Warranty Plan is applicable for a period of 12 months (1 year) or 24 months (2 year) or 36 months (3 year) from the date of the expiry of the Manufacturer’s warranty, as opted by you at the time of purchasing the plan. The plan cover period is also mentioned in the email that will be sent to you post successful activation of your plan by you

ix. The Extended Warranty Plan shall become effective once XtraCover, at its sole discretion, accepts the application of the customer and shall continue to remain in force for the period as applicable, unless terminated earlier as per terms herein

x. At point of service, during the extended warranty plan duration, the customer is required to show the proof of purchase i.e. Device purchase invoice

xi. XtraCover reserves the right to deny service and cancel the Extended Warranty Plan without any refund whatsoever, if Customer fails to produce the above information

xii. XtraCover or its authorized service providers shall provide Services only during normal working hours on regular working days of XtraCover and/or its authorized service providers

xiii. Normal working hours would be 9:00 am to 6:00 pm on all days excluding public holidays

xiv. To avail services, you must present to XtraCover at the time of execution of this Contract proof of purchase (a copy of the purchase invoice) of the Device in question

xv. Extended Warranty Plan covers the cost of parts and labour charges for at-home service within the city/municipal limits of the XtraCover Service Centers. XtraCover will transport the Device to service center for performing repairs, if required and if the Device location is within its serviceable area

xvi. Providing service at locations which are not in the serviceable limit of XtraCover: XtraCover reserves the right to provide adequate solution by either refund of the plan fee or advice customer to get it repaired through an authorized brand service center and then claim reimbursement subject to satisfactory verification of documents/proofs as demanded by XtraCover.

xvii. In all such cases, the customer should present a repair estimate from the authorized brand service center and proceed with repairs only when explicit approval is given by us. Our liability in all such cases will be towards the covered damages only

xviii. All the documents should reach XtraCover within 30 days of your first intimating the service request to us.

xix. In case the defective unit needs to be transported to service center and it is outside the serviceable limit of XtraCover, Customer shall arrange for the same and XtraCover will reimburse the amount upon producing valid invoice towards the same. Customer shall take full responsibility of the Device during transportation and indemnify XtraCover of any damage that occurs during this process

xx. During the validity of the Extended Warranty Plan, XtraCover will attend to the defects reported by the customer, including replacement of the defective electrical/electronic components that are required to be replaced to make the Device electrically functional. This is subject to the condition, the breakdown of the Device being due to normal usage

xxi. In case the damage/malfunction of the device is due to reasons other than that covered under manufacturer’s warranty or it is caused by conditions defined under exclusions, XtraCover shall offer to repair the device for the customer. The cost of such repairs like labour, visit, cost of parts replaced, cost of transporting the device to service center (if required) will have to be borne by the Customer

xxii. All defective components replaced by XtraCover shall become the property of XtraCover and the customer shall not claim any right to the same

xxiii. Defects and/or Parts not covered under the original manufacturer’s warranty, will not be covered under Extended Warranty Plan

xxiv. All defective components will be replaced with parts which are new or like new in performance adhering to manufacturer’s specifications, at our sole discretion

xxv. In case the cost of repair exceeds 80% of the cost of the Device or the Device cannot be repaired within the reasonable time or reasons beyond its control, XtraCover shall have the discretion to compensate the prevailing market value of the Device post applicable depreciation. Please refer to the section ‘Basis of Loss Settlement’ to know depreciation schedule

xxvi. In case we compensate you as above, all our obligations under this contract are deemed fulfilled and the plan coverage stands terminated. The defective Device in all such cases shall become our property and the same should not be destroyed, or damaged, or salvaged by you under any circumstances

xxvii. XtraCover at its sole discretion determines the issuances of standby/loaner unit subject to availability and for select city and select Device category

14.4. Covered Devices

i. Mobile Phones, Laptops, Tablets, Television, Air Condition, Refrigerator, Washing Machine, Microwave, Water Heater, Kitchen Appliances, etc.

ii. Mobile Phones / Tablets / Laptop as on date of Purchase, purchased in INDIA through manufacturer or manufacturer assigned legal channel will be considered under this service plan.

iii. Used, Refurbished and Second-hand devices are not covered under this service plan

14.5. Service Assurance for Qualifying Brands

i. In the event of your Device requiring repair, XtraCover will undertake to get your Device repaired

ii. Subject to the other terms and conditions mentioned in this document, XtraCover provides committed timelines for repairs of Devices. In the event that your Device requires repairs, XtraCover will get the repairs carried out within a period of 15 working days from the date of registering a request with XtraCover. If XtraCover is unable to get your Device repaired within the time period specified above from the date of registering a request, you will be eligible to receive a replacement Device or a settlement amount reflecting prevailing market value of your Device post applicable depreciation at the sole discretion of XtraCover, provided that:

a. There is no delay in providing access to the Device to us when we request you to provide such access to us for repairs; any delay in providing access to the Device will extend the commitment by the delayed period

b. You are able to provide the correct documentation to us on time when we request you for it; any delay in handing over the correct documentation to us will extend the commitment by the delayed period

c. You respond within reasonable time to request(s) for any relevant information regarding the Device or to any other information sought by us to process your request quickly; any delay in responding to us in a timely manner will extend the commitment by the delayed period

iii. At times, unforeseen events disrupt the supply of spare parts for an extended period of time, or manufacturing brands at times are unable to provide spare parts due unforeseen circumstances in their operations. While XtraCover will make all efforts to provide a resolution in the committed timelines, the Service Timeline will not apply when spare parts supply is disrupted due to events over which XtraCover has no control especially when those events disrupt global supply chains. However, XtraCover shall inform you of any such delay and provide you confirmation from the brands or its authorized representatives on the delay.

14.6. Covered Amount: cost of equipment only as per purchase invoice or covered amount as per XtraCover plan selected by the customer, whichever is lower

14.7. BER (Beyond Economical Repairs): is the cost of repair equal to or more than 80% of Invoice Value. In case of Total loss/BER or if the device is beyond repair due to spare parts unavailability, device model being phased out in the market or other reasons XtraCover at its discretion may choose to provide customer with a Replacement device (Refurbished) of same model or similar model on case to case basis OR may pay the customer the depreciated amount

14.8. Basis of Loss Settlement:

i. In case of Total Loss or BER of the covered device, XtraCover shall refund Invoice value of the device after deducting any previous service amount and depreciation as applicable. In such event, damaged device will be retained by XtraCover.

ii. For replacement cases, the basis of settlement will be the replacement value subject to deducting any previous service amount and depreciation applicable as per total loss cases.

iii. If the estimate is more than the amount limit, repair can be done on the basis of differential amount to be paid by the customer

iv. The plan will get terminated immediately for the covered device for all such cases

v. Depreciation Chart: Applicable only for Total Loss / BER cases –

 

Age of the Insured Device

Depreciation %age

1st year of Extended Warranty

20%

2nd year of Extended Warranty

30%

3rd year of Extended Warranty

50%

 

vi. If we compensate you as above, all our obligations under this contract will be deemed fulfilled and there will no longer be any coverage under the plan.

14.9 Mandatory Device related information for plan activation:

i. It is mandatory for the Customer to provide the following device related information to XtraCover for the purpose of activating plan.

1. Customer Name

2. Address

3. Landmark

4. PIN Code

5. Email ID

6. Contact Number

7. Brand name

8. Model no.

9. IMEI no. / Serial no.

10. Invoice value

11. Invoice date

12. Upload Invoice copy

13. Upload valid Govt. ID (PAN Card / Aadhar Card / Driving License)

ii. Whereas XtraCover will make all efforts to collect the above information from the Customer, it is the responsibility of the Customer to ensure that all the said information is made available to XtraCover. Also, the invoice value of the invoice which is uploaded should match the Invoice Value shown in Order Summary on the Registration Screen. XtraCover will be able to activate the plan on the said device only after receiving the above-mentioned information. In case of non-receipt of the above-mentioned information OR mis-match in the Invoice Value, any service request on the said Device may be declined by XtraCover.

iii. Depending upon the plan purchased by the customer and the ageing of covered device, Photo images of the device will be required to be submitted by the customer to activate the plan benefits. In absence of images, in such cases the service request may not be admissible. XtraCover reserves the right to cancel the Customer’s Plan or Service request in absence of valid photos of devices

iv. In case of Apple device, it is mandatory for the customer to deactivate their Apple ID from device and relevant places before giving their device for repair/replacement. XtraCover may return the device unrepaired in case Apple ID is not deactivated.

14.10 Exclusions

i. Any problems or defects not covered by manufacturer’s warranty

ii. Service of Devices which are not supported by valid Proof of Purchase by customer shall not be admissible under the policy

iii. Non-operating and cosmetic damage to the Device, such as damage to paintwork, Device finish, dents or scratches

iv. Accessories used in or with the Device including but not limited to remote, batteries, USB/HDMI cable and replacement of any consumable item or accessory

v. Normal wear and tear items, not integral or necessary to the functioning of the Devices or routine service

vi. Routine maintenance, cleaning, lubrication, adjustments or alignments, overhaul, modifications and descaling

vii. Physical Damage to the Device ( like broken or cracked Screen, broken hinges, broken keys, burnt adapters or cables etc ) due to accident, misuse, abuse, neglect, or improper maintenance

viii. Damage resulting from power outage, power surges or drips, fluctuating voltage, inadequate or improper voltage or current

ix. Replacement of any consumable item or accessory. These include, but are not limited to batteries, bags, covers, plugs, fuses, light bulbs, light covers, cables, filters, attachment, belts, toners, ribbons, drums, tapes or software, and add-on options incorporated in a Device for which the service Plan was purchased

x. Damage caused by unauthorised modification, alteration, adjustment, repair, service or installation by unauthorised personnel is not covered. Such unauthorised repair or replacement of covered Devices shall result in the cancellation of this Plan

xi. Damage caused by unauthorized repair, theft, burglary and accident including earthquake, storm and or hurricane, abuse, misuse, sand, dust, water, negligence, fire, flood, lightning, malicious damage, impact, corrosion, battery leakage, acts of god, pandemic, animal or insect infestation or intrusion

xii. Reception or transmission problems resulting from external causes

xiii. Problems or defects caused by unauthorized modifications/repairs or failure to follow the manufacturer’s operating manual and as specified in the warranty card

xiv. Any Incidental Costs arising from being unable to use the Device or from damage which results from the Breakdown of the Device

xv. Damage/failure caused before or during Transportation or Device delivery

xvi. Service of Device on which the Manufacturer’s label or logo, rating label or Serial number have been defaced or removed

xvii. Claims that is false or fraudulent or intentionally exaggerated or if any false declarations or statements be made in support thereof, no claim for that insured unit shall be recoverable hereunder

xviii. Service on third party Devices or software not supplied/authorized by the Manufacturer that may be installed in or used in connection with the Device

xix. Use of accessories not approved by the manufacturer, incorrect electrical leads or connection

xx. Replacement or fixes of unauthorised software not installed by respective brand/company

xxi. Failure due to physical damages, improper site conditions, rain or weather conditions, and liquid spillage, damage caused by rodents or pests

xxii. Breakdown caused by computer virus or realignments to the Device

xxiii. Commercial usage of appliances in cases where service contract is of retail nature

xxiv. Damage/failure caused before or during Device delivery

xxv. Any consequential or incidental damages arising from the use or loss of use of the Device

xxvi. The cost of repairing, restoring computer software

xxvii. Loss of data, software or any other information

14.11 Service Request process:

i. You are required to intimate about the problem to XtraCover within 7 calendar days of its occurrence beyond which the request is liable to be rejected

ii. Customer is required to call XtraCover Experience Center no. 8860396039 or login to www.xtracover.com within 48 hours of discovering the damage. . If customer has not activated the Plan, he is advised to do the same before availing the Service

iii. XtraCover team registers the service request and acknowledges the service request with SR no. to the customer over SMS

iv. Depending upon your Device and/or the nature of issue faced by you, you may be asked to follow some trouble shooting steps before registering a service request. Please follow the troubleshooting steps before registering the request.

14.12 Customer Responsibilities:

i. You need to ACTIVATE the Extended Warranty Plan immediately upon buying or within a period as prescribed by XtraCover. Refer to the XtraCover Activation Email or Helpline or Official Website for activation procedures

ii. You will be required to provide us with a copy of the complete set of requisite documents at the time of activation and service request. If the Serial Number of the device has changed due to repairs or replacement by the manufacturer/retailer, please provide us with a copy of the Swap Letter that clearly mentions the current and old Serial Number of the device within 15 days of such replacement

iii. You are required to correctly select the right Extended Warranty Plan for your Device based on condition, price and purchase location

iv. You are required to report the problem to XtraCover within 7 calendar days of its occurrence beyond which the request is liable to be rejected

v. It is your responsibility to properly maintain, store and use your item according to the manufacturer instructions and take all reasonable steps to use your equipment as prescribed by the manufacturer

vi. You agree to return the defective spares or Device to XtraCover wherever requested

vii. NON-FULFILMENT of ANY of the above conditions may result in the plan being considered as void and all requests made against Extended Warranty Plan are liable to be rejected

viii. Customer shall provide representative of XtraCover/its service provider full access to the Device/Equipment in order to effect necessary adjustments and repairs

ix. Customer shall provide adequate storage space for spare parts, test Device /Equipment and adequate work space, heat, light, ventilation and electric current for use by representative of XtraCover/its authorized representative for provision of Services at Customer's location

x. Customer shall cooperate with XtraCover or it’s authorized representatives at the time of service request and will provide with all the requisite documents asked for, for processing the service request

xi. Customer shall be responsible to de-install all add-ons and/or accessories from the Device/Equipment before providing the same to XtraCover for Services, maintain backup copy of all software and data, restore software and data on the unit after repair

xii. Customer shall register all complaints/requests for Services only through official XtraCover Call Center/XtraCover App/XtraCover website

xiii. Customer shall comply with all applicable laws, rules and regulations

xiv. Customer shall indemnify us and hold harmless against any act of omission and commission and any consequences arising thereof and defend XtraCover from and against all claims, arising as a result of breach of this Contract

xv. Customer shall inform XtraCover in writing of any change in the billing address. Any written communication, billing statement or notice from XtraCover to Customer will be deemed as served within 48 hours of posting by ordinary mail or earlier as the case may be

xvi. Customer agrees that it shall be its responsibility to be aware of the Contract and the changes therein. Ignorance if any shall be the total responsibility of the Customer

xvii. The Customer understands that the Services have been subscribed on his/her own name and name change in any circumstances is not permitted

xviii. Customer shall not assign any right or interest or delegate any obligation arising herein to any person without XtraCover's prior written consent

xix. The Customer is solely responsible for any unauthorized transfer/change in ownership of the Device/Equipment

xx. Customer shall return the standby/loan spare parts, if any provided by XtraCover on or before XtraCover returning the original set/Spares to the Customer

15. DISPUTES & JURISDICTION

15.1 The validity, construction and performances of terms herein shall be governed by and interpreted in accordance with the laws of the Republic of India,

15.2 The parties hereto unconditionally and irrevocably agree to submit to the exclusive jurisdiction of the competent Courts in Delhi with regard to any matter or dispute arising hereto or any other documents that may be executed by the parties hereto

 

Accidental Damage & Liquid Damage Protection (ADLDP) / Screen Damage Protection (SDP)

 

1. DEFINITIONS

1.1. “Device” : shall mean the item/appliance/equipment of the Customer for which he is purchasing the Service Plan

1.2. “Product” : shall mean the Service Plans offered by XtraCover from time to time

1.3. “Plan Fee” shall mean the fees charged by XtraCover from time to time for the Plan(s) availed by the Customer and set out in the respective Plan Terms. The Plan Fee is applicable for the respective duration of the plan as mentioned below. The Plan Fee is inclusive of all applicable taxes.

1.4. “Plan Terms” shall mean the terms and conditions separately provided with the Terms herein which shall be specifically applicable in relation to each Plan(s).

1.5. Plan Eligibility” This Plan can be purchased only same day of the original purchase of the Device, and subject to the Device being in its perfect working condition

1.6. “Free Look-In Period” shall mean the number of days from the date of purchase of the Plan(s) within which the Customer may cancel the Plan(s) and obtain a refund of the Plan Fee.

1.7. “Service Partner” means any third party service provider affiliated with XtraCover.

1.8. “Personal Information/Data” shall mean and include such personal and financial information of the Customer relating to his/her data or documents, in any medium including financial information such as bank account or credit card or debit card or other payment instrument details, identification document details including passport, PAN card details, driving license, etc.

1.9. “Service Center” means the Authorised Service Center of XtraCover used for carrying out Damage device Repair/Replacement. 

2. PURPOSE

 2.1. These terms and conditions (“Terms”) shall govern the transaction between Aforeserve Technologies Pvt. Ltd (“XtraCover”) and the party whose name appears on the Order (“Customer”) in relation to the Plan(s) provided by XtraCover.

2.2. These general terms and conditions define the framework and the respective obligations of the parties.

2.3. Customer acknowledges the receipt of the Terms and the Plan Terms, as applicable and agrees to be fully bound by the Terms and the relevant Plan Terms. In the event, the Customer activates the Plan by sharing device details or avails of any benefit under any of the Plan Terms or lodges a claim within the term of the Contract, the Customer shall deemed to have accepted the Terms unconditionally 

3. CUSTOMER CONSENTS AND CONFIRMATIONS

3.1. Further, the Customer has and hereby consents to the use of the Personal Information by XtraCover for the purposes of providing the various services under the Plan(s) offered by XtraCover. XtraCover respects the privacy of the Customer and the confidentiality of Customer’s Personal Information so collected by XtraCover by itself or on its behalf and shall take all reasonable steps to protect it and maintain its confidentiality.

3.2. The Customer expressly and without limitation, consents to XtraCover or its service partners recording phone calls between the Customer and XtraCover on the helpline numbers set out in the relevant Plan Terms in order for XtraCover to inter alia (i) provide a record of the instructions received from the Customer and to share the same with the Service Partners, if required, (ii) allow itself or its service partners to monitor quality standards, (iii) training purposes, and (iv) meet legal and regulatory requirements.

3.3. The Customer acknowledges that XtraCover has the sole right to vary the features/benefits under the Plan(s) or the Plans or the amount or rate of the Plan Fee or part thereof, from time to time.

3.4. The Customer hereby provides his/her consent to XtraCover for appointing agents to collect amount payable to XtraCover, as may be considered necessary at the sole discretion of XtraCover.

3.5. The Customer acknowledges that XtraCover may engage third parties including Service Partners for the fulfilment of the services and the Customer hereby consents to XtraCover disclosing, to the extent relevant, the Customer’s Personal Information and/or details of Plan(s) availed by the Customer to inter alia (a) our affiliates Service Partners (b) to our suppliers, vendors, for the purposes of servicing the Customer.

3.6. The Customer hereby consents to XtraCover identifying any service providers and/or products that may be of some interest to the Customer.

3.7. The Customer hereby consents to receiving period SMS / email communication from XtraCover of information pertaining to its product features / services.

4. TOTAL FEES/CHARGES

4.1. XtraCover shall charge the Plan Fee from the Customer for availing of the Plan(s) from time to time and for the duration of the respective Plan. The Plan Fee shall be payable in advance including applicable taxes and levies.

4.2. The Plan Fee(s) for the respective Plan(s) shall be as more particularly set out in the Plan Terms.

4.3. Activation of XtraCover Plan(s) is subject to realization/receipt of the Plan Fee and receipt of documents and device related information as specified in the activation form on www.xtracover.com

4.4. Customer shall make payment of all charges in advance at the time of subscribing for the Services

4.5. For Services to be provided by XtraCover for repair/replacement necessitated by non-covered breakdowns, Customer shall forthwith make payments towards cash receipt or invoice raised by XtraCover or its Authorized representative

4.6. Charges payable by the Customer are exclusive of taxes, duties or levies unless expressly stated to the contrary

4.7. If due to any reasons the Device is replaced by the original manufacturer with a Device of different size /capacity/model/brand but of the same Device category, Customer shall be responsible to make payment of differential amounts to XtraCover for increase in the charges due to change in the Devices/Equipment

4.8. XtraCover shall however, not be responsible for refunding any money to the Customer if replacement of the Device /Equipment by the original manufacturer with a Device /Equipment of different size/capacity/model/brand but of the same Device category leads to reduction in the charges for Services

4.9. Charges payable for accessories used for Re-installation, if not provided by customer will have to be borne by the customer

5. SERVICING OF CLAIMS

5.1. The Customer acknowledges and understands that service or payment of any benefit under the Plan shall be at the sole discretion of XtraCover.

5.2. Any service request made by the Customer under these Terms and Plan Terms shall be subject to the following:

i. The Customer having met and complied with the Terms and the Plan Terms (as applicable). This also applies to terms and conditions set out herein and any others which may be added to the Terms and/or the Plan Terms and communicated to the Customer at a later date

ii. The Customer having provided XtraCover with full and accurate information in connection with the services plan, as applicable

iii. The Customer having acted in a bona fide manner to make a service request

iv. The Customer having complied with the requirements of the service plan for the purposes of processing the service request

v. Service request form duly filled & submitted by the Customer

vi. Invoice copy

vii. Any other document or evidence as may be required by XtraCover

viii. Govt. issued ID proof

5.3. Notwithstanding anything contained hereinabove, XtraCover shall not be obliged to entertain any service request from the Customer unless (i) the Customer is over the age of 18 years at the time of Plan activation and a resident of India, and (ii) the Plan Fee up to the date of service has been paid.

6. CANCELLATIONS/ RENEWAL/TERMINATION

6.1. XtraCover will cancel the Terms and/or the Plan Terms if XtraCover does not receive the Plan Fee (all inclusive) on the date it is due.

6.2. XtraCover may cancel the plan if the information/documents, device details or an image as stipulated in the plan, that may be required for the purpose of the service plan activation is not made available within 30 days of purchase of the plan

6.3. XtraCover will cancel the Terms and/or the Plan Terms if the Customer has at any time:

i. Agreed to help any third party to try to fraudulently or dishonestly obtain money from XtraCover

ii. Is in violation of applicable law as may be relevant to the use of the Plan(s); or

iii. Failed to meet the Terms and/or the Plan Terms, or to act in good faith, openly, honestly and in a bonafide manner towards XtraCover including by providing false or inaccurate information; and

iv. Customer fails to return to XtraCover or its authorized Service Partner(s) any goods/devices temporarily lent to him/her or money advanced on an emergency basis to him/her which are to be returned/reimbursed/paid as per the terms of the Plan to XtraCover or to its authorized Service Partner.

6.4. If notice of termination is provided by the Customer within the Free Look-In Period of 48 hours, a full refund is available. However, if the Customer has lodged a service request or availed of any benefit under any of the Plan Terms any time during the term of the plan, no refund will be available.

 

Period

Refund Percentage

– 2 days

100%

 > 2 days

No Refund

 

i. The above refund percentage is on Plan Fee.

7. CONFIDENTIALITY

7.1. XtraCover shall make reasonable efforts to ensure that the Personal Information of the Customer is kept confidential and not disclosed to any third party except to the extent required for fulfilment of services.

8. REPRESENTATIONS AND WARRANTIES

8.1. The Customer represents that he/she is completed the age of 18 years and is a resident of India.

8.2. The Customer is in compliance with the applicable law as may be relevant for the Plan (s) which is availed of by the Customer.

8.3. The Personal Information provided by the Customer for the purposes of availing of the Plan(s) is and shall be true and accurate.

9. OBLIGATIONS AND COVENANTS OF THE CUSTOMER

9.1. If the Customer receives a benefit as contemplated under any specific Plan Terms and it is later discovered that the service request was dishonest, fraudulent or false, XtraCover will take steps to recover from the Customer, such payment(s) made to the Customer, either by XtraCover or a third party, as the case may be.

9.2. The Customer undertakes that he/she shall strictly comply with the terms of usage contained in the Plan Terms in relation to the use of the Plan(s).

9.3. The Customer undertakes and covenants that he/she shall not make use of the Plan(s) to or in the course of usage of the Plan(s), upload, display, publish, update, disseminate or transmit content or information that:

i. Belongs to another person and to which the user does not have any right to or which is confidential;

ii. Is an impersonation of another person, grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

iii. Harm minors in any way;

iv. Infringes any patent, trademark, copyright or other proprietary rights;

v. Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

vi. Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or

vii. Threatens the unity, integrity, defense, security or sovereignty of India or seditious, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any other nation or violates any other provision of law.

10. LIMITATION OF LIABILITY

10.1. XtraCover shall not be liable for any incidental, consequential, exemplary, special or indirect damages (including, but not limited to, loss of profits, revenues, data and/or use). XtraCover disclaims all implied warranties of merchantability, fitness for a particular purpose, and non-infringement. XtraCover’s total liability under the Terms and/or the relevant Plan Terms shall not exceed the Plan Fee.

11. INDEMNITY

11.1. The Customer hereby agrees to defend, indemnify and hold XtraCover and its officers, directors, employees and subcontractors harmless from any and all losses, damages, liabilities, verdicts, settlements, judgments, costs, and expenses (including reasonable attorneys' fees) incurred by XtraCover or its officers or employees arising out of:

i. Any wrongful act or omission of the Customer in relation to the usage of the Plan(s);

ii. Any willful misconduct, gross negligence or fraud by the Customer;

iii. Any failure of the Customer to comply with the applicable law;

iv. Any breach of the representations, warranties, obligations and covenants of the Customer or a default of the Customer’s obligations; and

v. Any third party claims arising out of the Customer’s use of the Plan(s).

11.2. This indemnity will survive the termination of the Terms and/or the Plan Terms and is in addition to and not in substitution of the other remedies and rights that XtraCover may have, either at law in the Terms and/or the Plan Terms 

12. NOTICES

12.1. Any notice required under the Terms and/or the relevant Plan Terms must be in writing and must be either (a) delivered in person, (b) sent by registered mail, or air mail, as appropriate, or (c) sent by overnight courier, in each case properly posted and fully prepaid to the appropriate address set forth herein. Aforeserve Technologies Pvt. Ltd at A-1, 3rd Floor, Block A, Okhla Industrial Area, Phase 2, New Delhi - 110020, India

13. MISCELLLANEOUS

13.1. The Terms will enure to the benefit of the legal successors of XtraCover. Other than as stated above, no assignment of the Terms is possible.

13.2. XtraCover will not incur any liability to the other party on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control and without negligence of the parties. Such events, occurrences, or causes will include, without limitation, acts of God, riots, acts of war, natural disaster, fire and explosions, or any other events reasonably beyond the control of either party.

13.3. XtraCover reserves the right to amend the Terms and/or the Plan Terms and/or the features or pricing of the Plans. Upon such amendment such terms will become applicable immediately.

13.4. The Terms along with the relevant Plan Terms constitutes the entire agreement between the parties with respect and in relation to the Plan (including any modification or amendment thereto) subscribed or availed of by the Customer and supersedes all previous communications, representations, understandings and agreements, either oral or written.

13.5. The Agreement shall be governed by the laws of the Republic of India.

13.6. All disputes arising in connection with the Terms and/or the respective Plan Term(s) shall be finally settled by arbitration pursuant to the rules of the Arbitration and Conciliation Act, 1996, by one arbitrator appointed in accordance with the said Rules. The seat of arbitration shall be Delhi. The language of the arbitration proceedings shall be English. The decision of the arbitrator shall be final and binding on the parties.

14. SERVICE DESCRIPTION

14.1. Definitions

i. The definitions as set out herein are in addition to the definitions as set out in the General Terms

ii. “Device” shall mean the item/appliance/equipment of the Customer for which he is purchasing the Service Plan. The Customer can only avail of the Protection Plan in relation to one Device, i.e. one Plan per Mobile Phone or Laptop or Tablet

iii. “SIM Card” shall mean the Subscriber Identification Module card of the Customer which is used by the Customer in his/her Mobile Phone or Tablet

iv. “SMS” shall mean short message service

v. “Telecom Service Provider” shall mean the telecom service provider who provides the Customer with the SIM Card and Mobile Phone connection

vi. Beneficiary shall mean the buyer of the XtraCover Protection Service Plan, who has opted for the Service under this Plan and has got the same activated, as per the terms and conditions of this Plan, with the details which are intimated to Customer under the Declaration. It is agreed that the Device should be in the name of Customer. Where the Customer is a corporate entity, beneficiary shall mean any representative / employee of the entity authorized to use the Device. It is also agreed that the Covered Device can be used by the Customer or immediate family members restricted to parents, spouse and children only or where such customer is a corporate entity, Beneficiary shall mean any representative/employee of the customer who is authorized by the customer to use the Covered Device.

vii. “Official Channel” shall mean Manufacturer, Manufacturer Subsidiary Company, XtraCover Authorized Retailer/Dealer/Distributor, Authorized Service Partners, Online Retail channel and XtraCover official website & apps

viii. “Normal Operating Condition” shall mean ability of the Device to perform its specified function subject to the acceptable level of change in performance due to ageing or climatic conditions. The acceptable level of change for this purpose will be as per the respective Manufacturer’s specifications

ix. “Normal Use” shall mean use of the Device in accordance with the Manufacturer’s guidelines for Device usages including but not limited to regular maintenance and upkeep of the Device, usage of specified protection device such as voltage stabilizer

x. “Mechanical/Electrical Breakdown” shall mean defect, the breaking or burning out (electrical) of any defined parts of the covered Device arising from mechanical or electrical defect causing sudden stoppage of their functions, necessitating visit, repair or replacement

xi. “Onsite Repairs” shall mean the repair engineer will visit the premises where the Device has been installed to provide the repair services

xii. “Manufacturer’s Warranty/Guarantee” shall mean the original Warranty/guarantee provided by the respective Manufacturer to the respective Device as per Manufacturer’s Warranty/Guarantee terms & conditions

xiii. “Manufacturer’s Warranty/Guarantee Period” shall mean uninterrupted period of the manufacturer’s warranty/guarantee cover as stated on the original official manufacturer’s warranty/guarantee certificate and publications

xiv. “ADLDP or SDP Plan “shall be for a period of 1 year starting from the date of Purchase of the Device

xv. “Service Contract Term” shall mean mechanical and electrical breakdown to the extent provided by the manufacturer’s warranty for domestic electrical/electronic Device manufactured in India or is legally imported in India and sold through official channel by an invoice and manufacturer’s warranty/Guarantee certificate..

xvi. We, Us, Our: The issuer of ADLDP/SDP Plan i.e. XtraCover

xvii. You, Your: The person to whom we are issuing ADLDP/SDP Plan

14.2. Plan Features

i. The specific plan benefits depend on the Protection plan purchased by the customer and all the features below may or may not be part of a specific plan opted by customer.

ii. Covered Devices - Mobile Phones / Tablets / Laptops which is declared by the Customer for a period of 12 months from the purchase date of XtraCover Plan.

iii. Mobile Phones / Tablets / Laptop as on date of Purchase, purchased in INDIA through manufacturer or manufacturer assigned legal channel will be considered under this service plan.

iv. Used, Refurbished and Second-hand devices are not covered under this service plan.

14.3. Service Limit:

i. Liability would be restricted to the “Invoice Value” or “Market value”, or the “Actual repair cost” whichever is lower

ii. Accidental Damage mean a visible damage to the covered Device as a result of external means. Any unintentional drop or collision of the covered Device which is not driven by external means stands excluded

iii. Maximum 2 service request per device registered are allowed for ADLDP for the plan duration. Maximum 1 service request per device registered is allowed for SDP for the plan duration

iv. In case of BER (Beyond Economical Repairs) or Total Loss for any claim, the plan will terminate and customer will not be allowed any more services

v. No event/incidence is covered for the first 15 days from the date of purchase of plan. Also, no Service Request will be accepted during first 10 Days after activation

vi. Covered Amount: cost of equipment only as per purchase invoice or covered amount as per XtraCover plan selected by the customer

vii. Geographic limit – India. Handsets purchased abroad stand excluded. Loss/damage happening in India are only covered

viii. BER (Beyond Economical Repairs): is the cost of repair equal to or more than 80% of Invoice Value. In case of Total loss/BER or if the device is beyond repair due to spare parts unavailability, device model being phased out in the market or other reasons, XtraCover at its discretion may choose to provide customer with a Replacement device (Refurbished) of same model or similar model on case to case basis OR may pay the customer the depreciated amount

14.4. Basis of loss settlement:

i. In case of Total Loss or BER of the covered device, XtraCover shall refund Invoice value of the device after deducting any previous service amount and depreciation as applicable. In such event, damaged device will be retained by XtraCover

ii. For replacement cases, the basis of settlement will be the replacement value subject to deducting any previous service amount and depreciation applicable as per total loss cases

iii. If the estimate is more than the approved amount, repair can be done on the basis of differential amount to be paid by the customer

iv. The plan will get terminated immediately for the covered device for all such cases

v. Depreciation Chart: Applicable only for Total Loss / BER cases –

 

Age of the Insured Device

Depreciation %

0 to 3 months

20%

>3 months to 6 months

30%

> 6 months

50%

 

14.5. Mandatory Device related information for plan activation:

i. It is mandatory for the Customer to provide the following device related information to XtraCover for the purpose of activating plan

1. Customer Name

2. Address

3. Landmark

4. PIN Code

5. Email ID

6. Contact Number

7. Brand name

8. Model no.

9. IMEI no. / Serial no.

10. Invoice value

11. Invoice date

12. Upload Invoice copy

13. Upload 6 photos of the device covered (1 picture for each side)

14. Upload valid Govt. ID (PAN Card / Aadhar Card / Driving License)

ii. Whereas XtraCover will make all efforts to collect the above information from the Customer, it is the responsibility of the Customer to ensure that all the said information is made available to XtraCover. XtraCover will be able to activate the plan on the said device only after receiving the above-mentioned information. In case of non-receipt of the above-mentioned information, any service request on the said Device may be declined by XtraCover

14.6. Depending upon the plan purchased by the customer and the ageing of covered device, Photo images of the device will be required to be submitted by the customer to activate the plan benefits. In absence of images, in such cases the service request may not be admissible. XtraCover reserves the right to cancel the Customer’s Plan or Service request in absence of valid photos of devices

14.7. In case of Apple device, it is mandatory for the customer to deactivate their Apple ID from device and relevant places before giving their device for repair/replacement. XtraCover may return the damaged device unrepaired in case Apple ID is not deactivated

14.8. Exclusions (XtraCover shall not be liable for):

i. Loss or damage to the Device due to mysterious circumstances / disappearance or unexplained reasons

ii. Loss of Device resulting from or caused by theft, or attempted theft from unlocked vehicles or rooms

iii. Fraud or criminal activity on the part of the Customer

iv. Service request on device during the hire or loan of the covered device to a third party

v. Loss resulting from detention or confiscation by customs or other Government or public authorities

vi. Any failure of the Device to operate as a result of problems with respect to the network infrastructure, Customer’s network subscription or similar service issues

vii. Loss of or Damage to the Device that is registered in the name of a Corporate Entity, unless a nominee has been appointed by them as a bonafide user

viii. Loss arising due to any unlawful act or illegal activities including criminal acts, or acts of war or the handset is used with permission of the bonafide Customer having knowledge of such acts

ix. Consequential loss of any kind or description

x. Liability to any party of any nature including but not limited to liability of Authorised Service center to other parties

xi. Loss or damage caused by incorrect storage, poor maintenance, willful negligence, incorrect installation, incorrect set-up, unless the authorized Service Centre representative would confirm otherwise with due substantiation

xii. Loss or damage as a result of attack by unauthorized software/virus, software faults and manufacturing defect owing to which a gadget fails to operate

xiii. Loss or damage that is covered by a supplier, dealer or factory warranty

xiv. Any loss if the ownership of the gadget is transferred

xv. Any consequence arising from War, War lime operations (whether War declared or not), Act of Foreign Enemy, Hostilities, Civil War, Rebellion, Insurrection, Civil Commotion, Military usurped power, Seizure, Capture, Confiscation, Arrest. Restraints and or Detainment by order of any Government or any other Authority

xvi. Any liability whatsoever nature directly or indirectly caused by or contributed to or arising from ionizing radioactive or contamination by radioactivity from any nuclear waste from combustion of nuclear fuel. For the purpose of this exclusion only combustion shall include any self-sustaining process of nuclear fission

xvii. Any loss, destruction, damage or legal liability directly or indirectly caused by or contributed to or arising from nuclear weapon materials, wear and tear, moth, vermin or gradual deterioration, inherent defect or from any process of cleaning or repairing or renovating or maintenance

xviii. Any type of self-repair or attempted self-repair

xix. Mechanical or Electrical Breakdown or electronic derangement or malfunction unless caused by an external accidental means or liquid

xx. Penalties of delay or detention or in connection with guarantees of performance or efficiency

xxi. Intentional overloading of the instrument. Loss or damage due to any experiments or tests and/or alterations resulting into any abnormal conditions

xxii. Cost of Replacement of Battery unless caused by an accidental or liquid damage to the Device

xxiii. Any damage or loss occasioned from any water borne craft, unless such damage is caused by the accidental ingress of liquid/water, and if the Customer has taken reasonable care to protect the Device from damage

xxiv. Any manufacturing defect which is covered under Manufacturer's Warranty Device defects whether latent / inherent or not

xxv. Any loss of or damage to the SIM card / memory card unless caused by a covered peril

xxvi. Loss or damage to accessories unless they are attached to the Device

xxvii. Internal leakage of the battery, unless caused by a covered peril. Damage occurred while the Device is situated outside India providing the Customer is a Non-Resident Indian

xxviii. Any instance where you are not a resident of India at the time that the Damage occurred

xxix. Any type of SIM / airtime misuse or consequential loss thereof

xxx. Cost to the Customer for:

a. Any Damage caused by any deliberate act or negligence by the Customer(s), their employees or any person using the device with their permission;

b. Costs or charges when replacing car kits or car Devices and other accessories which can no longer be used with the Device;

c. Costs caused by the Device being routinely serviced, inspected, adjusted or cleaned;

xxxi. Any loss related to indemnification for the Value-added services, if any

xxxii. XtraCover shall not be liable for any loss or damage claim due to the inability of the Customer to submit either of the documents required by XtraCover for processing the service request

xxxiii. The plan shall not be liable for any service if information has intentionally been withheld or incorrect information or misrepresentations have been intentionally given that are of significance to the assessment of the service request

xxxiv. Improper handling, dismantling, fitting adjustment, repair alteration or modification not approved by the makers/manufacturers and / or the agents of makers/manufacturers or use of such property contrary to the directives of the makers/manufacturers and/or these agents

xxxv. Scratching, denting. Cracking is excluded unless caused by accidental external means

xxxvi Loss or damage due to theft or attempted theft by any employees of the Customer or loss or damage occasioned through the willful act of the Customer or any employee or the willful act of any other person with a connivance of the Customer or any employee

xxxvii. Improper handling of the device which means negligence or due care not taken by the user in handling the device. Improper handling means negligence or carelessness solely on part of the user (in the absence of any external causes) while handling the device

xxxviii. Loss or damage directly or indirectly, occasioned by or happening through or in consequence of volcanic eruption or other similar convulsion of nature and atmospheric disturbance

xxxix. SIM used in the damaged/theft device is in the name of person other than Customer or his/her spouse/parents and legitimate children

xl. In any action suit or other proceeding where the company alleges that by reason of the above provisions any loss or damage is not covered by Company, the burden of proving that such loss or damage is covered shall be upon the customer

14.9. Service Request process:

i. This refers to loss to customer’s Device due to accidental / liquid damage

ii. In case of accidental and liquid damage to the handset, Customer is required to call XtraCover Experience Center no. 8860396039 or login to www.xtracover.com within 48 hours of discovering the damage. If customer has not activated the Plan, he is advised to do the same before availing the Service.

iii. XtraCover team registers the service request and acknowledges the service request with SR no. to the customer over email and SMS

iv. XtraCover will trigger request to its Logistics Partner for collecting the Device from the Customer, if required

v. Logistics Partner will fix an appointment with the customer for collecting the damaged device

14.10. Customer Responsibilities:

i. The Customer shall take all reasonable precautions for the safety and protection of the covered device at all times as if the device was not covered under such service plan

15. DISPUTES & JURISDICTION

15.1. The validity, construction and performances of terms herein shall be governed by and interpreted in accordance with the laws of the Republic of India

15.2. The parties hereto unconditionally and irrevocably agree to submit to the exclusive jurisdiction of the competent Courts in Delhi with regard to any matter or dispute arising hereto or any other documents that may be executed by the parties hereto

 

Home Serve

 

1. DEFINITIONS

1.1. “Device” : shall mean the item/appliance/equipment of the Customer for which he is purchasing the Service Plan

1.2. “Product” : shall mean the Service Plans offered by XtraCover from time to time

1.3. “Plan(s)”: shall mean either or all of the products/ services package offered by XtraCover from time to time

1.4. “Plan Fee” shall mean the fees charged by XtraCover from time to time for the Plan(s) availed by the Customer and set out in the respective Plan Terms. The Plan Fee is applicable for the respective duration of the plan as mentioned below. The Plan Fee is inclusive of all applicable taxes.

1.5. “Plan Terms” shall mean the terms and conditions separately provided with the Terms herein which shall be specifically applicable in relation to each Plan(s).

1.6. “Plan Eligibility” This Plan can be purchased online from XtraCover Portal , and subject to the Device being in its perfect working condition

1.7. “Free Look-In Period” shall mean the number of days from the date of purchase of the Plan(s) within which the Customer may cancel the Plan(s) and obtain a refund of the Plan Fee.

1.8. “Service Partner” means any third-party service provider affiliated with XtraCover.

1.9. “Personal Information/Data” shall mean and include such personal and financial information of the Customer relating to his/her data or documents, in any medium including financial information such as bank account or credit card or debit card or other payment instrument details, identification document details including passport, PAN card details, driving license, etc.

1.10. “Service Center” means the Authorized Service Center of XtraCover used for carrying out Damage device Repair/Replacement.

2. PURPOSE

2.1. These terms and conditions (“Terms”) shall govern the transaction between Aforeserve Technologies Pvt. Ltd (“XtraCover”) and the party whose name appears on the Order (“Customer”) in relation to the Plan(s) provided by XtraCover.

2.2. These general terms and conditions define the framework and the respective obligations of the parties.

2.3. Customer acknowledges the receipt of the Terms and the Plan Terms, as applicable and agrees to be fully bound by the Terms and the relevant Plan Terms. In the event, the Customer activates the Plan by sharing device details or avails of any benefit under any of the Plan Terms or lodges a claim within the term of the Contract, the Customer shall deem to have accepted the Terms unconditionally.

3. CUSTOMER CONSENTS AND CONFIRMATIONS

3.1. Further, the Customer hereby consents to the use of the Personal Information by XtraCover for the purposes of providing the various services under the Plan(s) offered by XtraCover. XtraCover respects the privacy of the Customer and the confidentiality of Customer’s Personal Information so collected by XtraCover by itself or on its behalf and shall take all reasonable steps to protect it and maintain its confidentiality.

3.2. The Customer expressly and without limitation, consents to XtraCover or its service partners recording phone calls between the Customer and XtraCover on the helpline numbers set out in the relevant Plan Terms in order for XtraCover to inter alia (i) provide a record of the instructions received from the Customer and to share the same with the Service Partners, if required, (ii) allow itself or its service partners to monitor quality standards, (iii) training purposes, and (iv) meet legal and regulatory requirements.

3.3. The Customer acknowledges that XtraCover has the sole right to vary the features/benefits under the Plan(s) or the Plans or the amount or rate of the Plan Fee or part thereof, from time to time.

3.4. The Customer hereby provides his/her consent to XtraCover for appointing agents to collect amount payable to XtraCover, as may be considered necessary at the sole discretion of XtraCover.

3.5. The Customer acknowledges that XtraCover may engage third parties including Service Partners for the fulfilment of the services and the Customer hereby consents to XtraCover disclosing, to the extent relevant, the Customer’s Personal Information and/or details of Plan(s) availed by the Customer to inter alia (a) our affiliates Service Partners (b) to our suppliers, vendors, for the purposes of servicing the Customer.

3.6. The Customer hereby consents to XtraCover identifying any service providers and/or products that may be of some interest to the Customer.

3.7. The Customer hereby consents to receiving period SMS / email communication from XtraCover of information pertaining to its product features / services.

4. FEES & CHARGES

4.1. XtraCover shall charge the Plan Fee from the Customer for availing of the Plan(s) from time to time and for the duration of the respective Plan. The Plan Fee shall be payable in advance including applicable taxes and levies.

4.2. The Plan Fee(s) for the respective Plan(s) shall be as more particularly set out in the Plan Terms.

4.3. Activation of XtraCover Plan(s) is subject to realization/receipt of the Plan Fee and receipt of documents and device related information as specified in the activation form on www.xtracover.com

4.4. The period of coverage is for one year, as a standard, from the date of the successful QC (quality Check) performed by XtraCover and signed-off by the customer. Customer is advised to complete the Registration of the HS Plan on XtraCover website so that Plan is activated.

4.5. Customer shall make payment of all charges in advance at the time of subscribing for the Services

4.6. For Services to be provided by XtraCover for repair/replacement necessitated by non-covered breakdowns, Customer shall forthwith make payments towards cash receipt or invoice raised by XtraCover or its Authorized representative

4.7. Charges payable by the Customer are exclusive of taxes, duties or levies unless expressly stated to the contrary

4.8. Charges payable for accessories used for Re-installation, if not provided by customer will have to be borne by the customer

5. SERVICING OF CLAIMS

5.1. The Customer acknowledges and understands that service or payment of any benefit under the Plan shall be at the sole discretion of XtraCover.

5.2. Any service request made by the Customer under these Terms and Plan Terms shall be subject to the following:

i. The Customer having met and complied with the Terms and the Plan Terms (as applicable). This also applies to terms and conditions set out herein and any others which may be added to the Terms and/or the Plan Terms and communicated to the Customer at a later date

ii. When Customer is raising a Service Request to XtraCover, the customer would be asked to activate the HS Plan by completing the registration thru XtraCover Website, if the HS  Plan has not been activated by Customer already

iii. The Customer having provided XtraCover with full and accurate information in connection with the services plan, as applicable

iv. The Customer having acted in a bona fide manner to make a service request

v. The Customer having complied with the requirements of the service plan for the purposes of processing the service request

vi. Service request form duly filled and submitted by the Customer

vii. Invoice copy

viii. Govt. issued ID proof

ix. Any other document or evidence as may be required by XtraCover

5.3. Notwithstanding anything contained hereinabove, XtraCover shall not be obliged to entertain any service request from the Customer unless (i) the Customer is over the age of 18 years at the time of Plan activation and a resident of India, and (ii) the Plan Fee up to the date of service has been paid.

6. CANCELLATIONS/ RENEWAL/TERMINATION

6.1. XtraCover will cancel the Terms and/or the Plan Terms if XtraCover does not receive the Plan Fee (all inclusive) on the date it is due.

6.2. XtraCover will cancel the Terms and/or the Plan Terms if the Customer has at any time:

i. Agreed to help any third party to try to fraudulently or dishonestly obtain money from XtraCover

ii. Is in violation of applicable law as may be relevant to the use of the Plan(s); or

iii. Failed to meet the Terms and/or the Plan Terms, or to act in good faith, openly, honestly and in a bonafide manner towards XtraCover including by providing false or inaccurate information; and

iv. Customer fails to return to XtraCover or its authorized Service Partner(s) any goods/devices temporarily lent to him/her or money advanced on an emergency basis to him/her which are to be returned/reimbursed/paid as per the terms of the Plan to XtraCover or to its authorized Service Partner.

6.3. There is no free look-in period for HS. However, customer may choose to cancel the Plan before the visit by XtraCover engineer for QC of the Device for which HS Plan is purchased by the customer. If notice of termination is provided by the Customer before the visit for QC, a full refund is available. However, once the QC visit is made by XtraCover and QC is successful, or if the Customer has lodged a service request or availed of any benefit under any of the Plan Terms any time during the term of the plan, no refund will be available.

6.4. In addition to the typical termination that exists in XtraCover HS T&C, the Plan will be terminated in the following scenarios:

i. At the closing hours of the coverage end date.

ii. We replace your product or offer you a monetary settlement in lieu of the same, Whichever happens earlier 

7. CONFIDENTIALITY

7.1. XtraCover shall make reasonable efforts to ensure that the Personal Information of the Customer is kept confidential and not disclosed to any third party except to the extent required for fulfilment of services.

8. REPRESENTATIONS AND WARRANTIES

8.1. The Customer represents that he/she is completed the age of 18 years and is a resident of India.

8.2. The Customer is in compliance with the applicable law as may be relevant for the Plan (s) which is availed of by the Customer.

8.3. The Personal Information provided by the Customer for the purposes of availing of the Plan(s) is and shall be true and accurate. 

9. OBLIGATIONS AND COVENANTS OF THE CUSTOMER

9.1. If the Customer receives a benefit as contemplated under any specific Plan Terms and it is later discovered that the service request was dishonest, fraudulent or false, XtraCover will take steps to recover from the Customer, such payment(s) made to the Customer, either by XtraCover or a third party, as the case may be.

9.2. The Customer undertakes that he/she shall strictly comply with the terms of usage contained in the Plan Terms in relation to the use of the Plan(s).

9.3. The Customer undertakes and covenants that he/she shall not make use of the Plan(s) to or in the course of usage of the Plan(s),upload, display, publish, update, disseminate or transmit content or information that:

i. Belongs to another person and to which the user does not have any right to or which is confidential;

ii. Is an impersonation of another person, grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

iii. Harms minors in any way;

iv. Infringes any patent, trademark, copyright or other proprietary rights;

v. Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

vi. Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or

vii. Threatens the unity, integrity, defense, security or sovereignty of India or seditious, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any other nation or violates any other provision of law.

10. LIMITATION OF LIABILITY

10.1. XtraCover shall not be liable to the customer for any damages resulting from or related to any services performed by XtraCover hereunder, including, but not limited to, any loss of data or software, inability of XtraCover to correct any errors, malfunctions and defects in the product/equipment/hardware/software delay of XtraCover in performing any services hereunder.

10.2. In no event, shall XtraCover be liable to the customer for any indirect, special, or consequential damages or lost profits arising out of or related to services provided by the XtraCover under this contract, even if XtraCover has been advised of the possibility thereof, or knew or should have known thereof.

10.3. The maximum liability of XtraCover for each incidence shall not exceed the Plan Fee 

11. INDEMNITY

11.1. The Customer hereby agrees to defend, indemnify and hold XtraCover and its officers, directors, employees and subcontractors harmless from any and all losses, damages, liabilities, verdicts, settlements, judgments, costs, and expenses (including reasonable attorneys' fees) incurred by XtraCover or its officers or employees arising out of:

i. Any wrongful act or omission of the Customer in relation to the usage of the Plan(s);

ii. Any willful misconduct, gross negligence or fraud by the Customer;

iii. Any failure of the Customer to comply with the applicable law;

iv. Any breach of the representations, warranties, obligations and covenants of the Customer or a default of the Customer’s obligations; and

v. Any third party claims arising out of the Customer’s use of the Plan(s).

11.2. This indemnity will survive the termination of the Terms and/or the Plan Terms and is in addition to and not in substitution of the other remedies and rights that XtraCover may have, either at law in the Terms and/or the Plan Terms

12. NOTICES

Any notice required under the Terms and/or the relevant Plan Terms must be in writing and must be either (a) delivered in person, (b) sent by registered mail, or air mail, as appropriate, or (c) sent by overnight courier, in each case properly posted and fully prepaid to the appropriate address set forth herein. Aforeserve Technologies Pvt. Ltd at A-1, 3rd Floor, Block A, Okhla Industrial Area, Phase 2, New Delhi - 110020, India

13. MISCELLLANEOUS

13.1. The Terms will enure to the benefit of the legal successors of XtraCover. Other than as stated above, no assignment of the Terms is possible.

13.2. XtraCover will not incur any liability to the other party on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control and without negligence of the parties. Such events, occurrences, or causes will include, without limitation, acts of God, riots, acts of war, natural disaster, fire and explosions, or any other events reasonably beyond the control of either party.

13.3. XtraCover reserves the right to amend the Terms and/or the Plan Terms and/or the features or pricing of the Plans. Upon such amendment such terms will become applicable immediately.

13.4. The Terms along with the relevant Plan Terms constitutes the entire agreement between the parties with respect and in relation to the Plan (including any modification or amendment thereto) subscribed or availed of by the Customer and supersedes all previous communications, representations, understandings and agreements, either oral or written.

13.5. The Agreement shall be governed by the laws of the Republic of India.

13.6. All disputes arising in connection with the Terms and/or the respective Plan Term(s) shall be finally settled by arbitration pursuant to the rules of the Arbitration and Conciliation Act, 1996, by one arbitrator appointed in accordance with the said Rules. The seat of arbitration shall be Delhi. The language of the arbitration proceedings shall be English. The decision of the arbitrator shall be final and binding on the parties.

14. SERVICE DESCRIPTION

14.1. Definitions

i. The definitions as set out herein are in addition to the definitions as set out in the General Terms

ii. “Device” shall mean the item/appliance/equipment of the Customer for which he is purchasing the Service Plan. The Customer can only avail of the HS Plan in relation to one Device eg. a Laptop, Mobile Phone, Desktop, AIO etc. , i.e. one Plan per Device

iii. “SIM Card” shall mean the Subscriber Identification Module card of the Customer which is used by the Customer in his/her Mobile Phone or Tablet

iv. “SMS” shall mean short message service

v. “Telecom Service Provider” shall mean the telecom service provider who provides the Customer with the SIM Card and Mobile Phone connection

vi. “Beneficiary” shall mean the buyer of the XtraCover Protection Service Plan, who has opted for the Service under this Plan and has got the same activated, as per the terms and conditions of this Plan, with the details which are intimated to Customer under the Declaration. It is agreed that the Device should be in the name of Customer. Where the Customer is a corporate entity, beneficiary shall mean any representative / employee of the entity authorized to use the Device. It is also agreed that the Covered Device can be used by the Customer or immediate family members restricted to parents, spouse and children only or where such customer is a corporate entity, Beneficiary shall mean any representative/employee of the customer who is authorized by the customer to use the Covered Device

vii. “Official Channel” shall mean Manufacturer, Manufacturer Subsidiary Company, XtraCover Authorized Retailer/Dealer/Distributor, Authorized Service Partners, Online Retail channel and XtraCover official website & apps

viii. “Normal Operating Condition” shall mean ability of the Device to perform its specified function subject to the acceptable level of change in performance due to ageing or climatic conditions. The acceptable level of change for this purpose will be as per the respective Manufacturer’s specifications

ix. “Normal Use” shall mean use of the Device in accordance with the Manufacturer’s guidelines for Device  usages including but not limited to regular maintenance and upkeep of the Device , usage of specified protection device such as voltage stabilizer

x. “Mechanical/Electrical Breakdown” shall mean defect, the breaking or burning out (electrical) of any defined parts of the covered Device arising from mechanical or electrical defect causing sudden stoppage of their functions, necessitating visit, repair or replacement

xi. “Covered Breakdown” shall mean breakdown covered during the manufacturer’s warranty/Guarantee period. The covered breakdown will vary for each Device in accordance with the manufacturer’s warranty/guarantee for the said period

xii. “Onsite Repairs” shall mean the repair engineer will visit the premises where the Device has been installed to provide the repair services

xiii. We, Us, Our: The issuer of HS Plan i.e. XtraCover

xiv. You, Your: The person to whom we are issuing HS Plan

14.2. Coverage:

i. Only those Devices & brands for which QC has been done successfully and signed by the customer. Device should be less than 5 (Five) years old at the time the HS Plan is purchased. The HS Plan is valid for a period of one year from the date of the QC done successfully ie the Plan gets activated on the date the QC is done successfully. HS Plan replicates the manufacturer’s warranty against any malfunctions or breakdown for the duration of the Plan. In consideration of the Plan fee paid by you, we will provide the cost of repair for the covered breakdown of your Device, during the period of HS Plan, subject to the terms and conditions, exceptions and limitations contained herein or endorsed hereupon in future. We will organize for the repairs to normal operating condition or replace at our discretion with an equivalent Device  or provide a settlement by way of monetary settlement at our sole discretion, after it has suffered a covered break down during normal use

ii. This contract covers the cost of parts and labor for the Device on an onsite service basis. Cost of transportation is covered, if required, for transporting the unit to the service center and back for repairs which are not technically advisable to be performed at your premises

14.3. Conditions of Cover

i. You must be at least 18 years old on the date of purchase of HS Plan

ii. HS Plan is limited to Devices that are fully functional and less than 5 (Five) years old ie the Device should not be older than 5 years, as per the invoice date of the original purchase. In case the original Purchase invoice is not available with the customer, XtraCover will go by the declaration of the customer about the same when customer is purchasing the HS Plan on XtraCover portal. The acceptance of the HS Plan by XtraCover is subject to the successful QC check of the Device as per the checklist defined by XtraCover. The QC may be done onsite or thru Pickup-and-Drop service model. If the QC is not successful due to any functional defects or any other reason, the HS Plan gets cancelled automatically and the Plan Fees is refunded to the customer after deducting the QC charges. The QC charges are Rs 750/- per Device

iii. If QC is not successful due to any functional defect, XtraCover may offer repair of the Device on one-time chargeable basis. If customer accepts the offer of one-time repair and pays for the same in advance, XtraCover would carry out the repairs and then activate the HS Plan. If customer does not accept the offer of one-time repair, XtraCover would cancel the HS Plan purchased by the customer and refund the HS Plan fee to the customer, after deducting the QC charges of Rs 750/-

iv. XtraCover or its authorized service providers shall provide Services only during normal working hours on regular working days of XtraCover and/or its authorized service providers

v. Normal working hours would be 9:00 am to 6:00 pm on all days excluding public holidays

vi. The HS Plan becomes void if the tamper-proof seals on the Device are found broken or tampered with, when the Device is attended to by XtraCover engineer.

vii. HS Plan covers the cost of parts and labor charges for at-home service within the city/municipal limits of the XtraCover Service Centers. XtraCover will transport the Device to service center for performing repairs, if required and if the Device  location is within its serviceable area

viii. Providing service at locations which are not in the serviceable limit of XtraCover: XtraCover reserves the right to provide adequate solution by either refund of the plan fee or advice customer to get it repaired through an authorized brand service center and then claim reimbursement subject to satisfactory verification of documents/proofs as demanded by XtraCover.

ix. In all such cases, the customer should present a repair estimate from the authorized brand service center and proceed with repairs only when explicit approval is given by us. Our liability in all such cases will be towards the covered damages only

x. All the documents should reach XtraCover within 30 days of your first intimating the service request to us.

xi. In case the defective unit needs to be transported to service center and it is outside the serviceable limit of XtraCover, Customer shall arrange for the same and XtraCover will reimburse the amount upon producing valid invoice towards the same. Customer shall take full responsibility of the Device during transportation and indemnify XtraCover of any damage that occurs during this process

xii. During the validity of the HS Plan, XtraCover will attend to the defects reported by the customer, including replacement of the defective electrical/electronic components that are required to be replaced to make the Device functional. This is subject to the condition, the breakdown of the Device  being due to normal usage

xiii. In case the damage/malfunction of the device is due to reasons other than that covered under HS Plan or it is caused by conditions defined under exclusions, XtraCover shall offer to repair the device for the customer. The cost of such repairs like labor, visit, cost of parts replaced, cost of transporting the device to service center (if required) will have to be borne by the Customer

xiv. All defective components replaced by XtraCover shall become the property of XtraCover and the customer shall not claim any right to the same

xv. Defects and/or Parts not covered under the original manufacturer’s warranty, will not be covered under HS Plan

xvi. All defective components will be replaced with parts which are new or like new in performance adhering to manufacturer’s specifications, at our sole discretion

xvii. In case the Device cannot be repaired within the reasonable time or reasons beyond its control, XtraCover at its discretion may choose to provide customer with a Replacement Device (Refurbished) of same model or similar model on case to case basis...

xviii. In case we compensate you as above, the defective Device in all such cases shall become our property and the same should not be destroyed, or damaged, or salvaged by you under any circumstances

xix. XtraCover at its sole discretion determines the issuances of standby/loaner unit subject to availability and for select city and select Device category

14.4. Covered Devices

Laptops, Desktops and AIO PCs for which QC has been done successfully by XtraCover.

14.5. Service Assurance for Qualifying Brands

i. In the event of your Device requiring repair, XtraCover will undertake to get your Device repaired

ii. Subject to the other terms and conditions mentioned in this document, XtraCover provides committed timelines for repairs of Devices. In the event that your Device requires repairs, XtraCover will get the repairs carried out within a period of 15 working days from the date of registering a request with XtraCover. If XtraCover is unable to get your Device repaired within the time period specified above from the date of registering a request, you will be eligible to receive a Replacement Device (Refurbished) of same model or similar model on case to case basis at the sole discretion of XtraCover, provided that:

iii. There is no delay in providing access to the Device to us when we request you to provide such access to us for repairs; any delay in providing access to the Device  will extend the commitment by the delayed period

iv. You are able to provide the correct documentation to us on time when we request you for it; any delay in handing over the correct documentation to us will extend the commitment by the delayed period

v. You respond within reasonable time to request(s) for any relevant information regarding the Device or to any other information sought by us to process your request quickly; any delay in responding to us in a timely manner will extend the commitment by the delayed period

vi. At times, unforeseen events disrupt the supply of spare parts for an extended period of time, or manufacturing brands at times are unable to provide spare parts due unforeseen circumstances in their operations. While XtraCover will make all efforts to provide a resolution in the committed timelines, the Service Timeline will not apply when spare parts supply is disrupted due to events over which XtraCover has no control especially when those events disrupt global supply chains. However, XtraCover shall inform you of any such delay and provide you confirmation from the brands or its authorized representatives on the delay.

14.6 Mandatory Device related information for plan activation:

i. It is mandatory for the Customer to provide the following device related information to XtraCover for the purpose of activating the plan.

1. Customer Name

2. Address

3. Landmark

4. PIN Code

5. Email ID

6. Contact Number

7. Brand name

8. Model no.

9. Serial no.

10. Invoice value

11. Invoice date

12. Upload Invoice copy ( if invoice is not available, give the invoice value and invoice date to the best of your knowledge )

13. Upload valid Govt. ID (PAN Card / Aadhaar Card / Driving License)

ii. Whereas XtraCover will make all efforts to collect the above information from the Customer, it is the responsibility of the Customer to ensure that all the said information is made available to XtraCover. XtraCover will be able to activate the plan on the said device only after receiving the above-mentioned information. In case of non-receipt of the above-mentioned information, any service request on the said Device may be declined by XtraCover.

14.7. BER (Beyond Economical Repairs): is the cost of repair equal to or more than 80% of Invoice Value. In case of Total loss/BER or if the device is beyond repair due to spare parts unavailability, device model being phased out in the market or other reasons XtraCover at its discretion may choose to provide customer with a Replacement device (Refurbished) of same model or similar model on case to case basis

i. Depending upon the plan purchased by the customer and the ageing of covered device, Photo images of the device will be required to be submitted by the customer to activate the plan benefits. In absence of images, in such cases the service request may not be admissible. XtraCover reserves the right to cancel the Customer’s Plan or Service request in absence of valid photos of devices

14.8 Exclusions

i. Any problems or defects not covered by manufacturer’s warranty

ii. Service of Devices which are not passed by successful QC by XtraCover shall not be admissible under the policy

iii. Non-operating and cosmetic damage to the Device , such as damage to paintwork, Device finish, dents or scratches

iv. Accessories used in or with the Device including but not limited to remote, batteries, USB/HDMI cable and replacement of any consumable item or accessory

v. Normal wear and tear items, not integral or necessary to the functioning of the Devices or routine service

vi. Routine maintenance, cleaning, lubrication, adjustments or alignments, overhaul, modifications and descaling

vii. Physical Damage to the Device ( like broken or cracked Screen, broken hinges, broken keys, burnt adapters or cables etc ) due to accident, misuse, abuse, neglect or improper maintenance

viii. Damage resulting from power outage, power surges or drips, fluctuating voltage, inadequate or improper voltage or current

ix. Replacement of any consumable item or accessory. These include, but are not limited to batteries, bags, covers, plugs, fuses, light bulbs, light covers, cables, filters, attachment, belts, toners, ribbons, drums, tapes or software, and add-on options incorporated in a Device for which the HS Plan  was purchased

x. Damage caused by unauthorized modification, alteration, adjustment, repair, service or installation by unauthorized personnel is not covered. Such unauthorized repair or replacement of covered Devices shall result in the cancellation of this Plan

xi. Damage caused by unauthorized repair, theft, burglary and accident including earthquake, storm and or hurricane, abuse, misuse, sand, dust, water, negligence, fire, flood, lightning, malicious damage, impact, corrosion, battery leakage, acts of god, pandemic, animal or insect infestation or intrusion

xii. Reception or transmission problems resulting from external causes

xiii. Problems or defects caused by unauthorized modifications/repairs or failure to follow the manufacturer’s operating manual

xiv. Any Incidental Costs arising from being unable to use the Device or from damage which results from the Breakdown of the Device

xv. Damage/failure caused before or during Transportation or Device delivery

xvi. Service of Device on which the Manufacturer’s label or logo, rating label or Serial number have been defaced or removed

xvii. Claims that is false or fraudulent or intentionally exaggerated or if any false declarations or statements be made in support thereof, no claim for that insured unit shall be recoverable hereunder

xviii. Service on third party products or software not supplied/authorized by the Manufacturer that may be installed in or used in connection with the Device

xix. Use of accessories not approved by the manufacturer, incorrect electrical leads or connection

xx. Replacement or fixes of unauthorized software not installed by respective brand/company

xxi. Failure due to physical damages, improper site conditions, rain or weather conditions, and liquid spillage, damage caused by rodents or pests

xxii. Breakdown caused by computer virus or realignments to the Device

xxiii. Commercial usage of appliances in cases where service contract is of retail nature

xxiv. Damage/failure caused before or during Device delivery

xxv. Any consequential or incidental damages arising from the use or loss of use of the Device

xxvi. The cost of repairing, restoring computer software

xxvii. Loss of data, software or any other information

14.9 Service Request process:

i. You are required to intimate about the problem to XtraCover within 7 calendar days of its occurrence beyond which the request is liable to be rejected

ii. Customer is required to call XtraCover Experience Center no. 8860396039 or login to www.xtracover.com within 48 hours of discovering the damage. . If customer has not activated the Plan, he is advised to do the same before availing the Service

iii. XtraCover team registers the service request (SR) and acknowledges the service request with SR no. to the customer over SMS

14.10 Depending upon your Device and/or the nature of issue faced by you, you may be asked to follow some trouble shooting steps before registering a service request. Please follow the troubleshooting steps before registering the request.

14.11 Customer Responsibilities:

i. You need to ACTIVATE the HS Plan immediately upon buying or within a period as prescribed by XtraCover. Refer to the XtraCover Activation Email or Helpline or Official Website for activation procedures

ii. You will be required to provide us with a copy of the complete set of requisite documents at the time of activation and service request. If the Serial Number of the device has changed due to repairs or replacement by the manufacturer/retailer, please provide us with a copy of the Swap Letter that clearly mentions the current and old Serial Number of the device within 15 days of such replacement

iii. You are required to correctly provide the age of the device and the Invoice value of the original purchase and the invoice date. Also, declare correctly that the Device is fully functional at the time of purchase of the HS Plan by you on XtraCover website.

iv. You are required to report the problem to XtraCover within 7 calendar days of its occurrence beyond which the request is liable to be rejected

v. It is your responsibility to properly maintain, store and use your Device according to the manufacturer instructions and take all reasonable steps to use your equipment as prescribed by the manufacturer

vi. You agree to return the defective spares or Device to XtraCover wherever requested

vii. NON-FULFILMENT of ANY of the above conditions may result in the plan being considered as void and all requests made against HS Plan are liable to be rejected

viii. Customer shall provide representative of XtraCover/its service provider full access to the Equipment/Device in order to effect necessary adjustments and repairs

ix. Customer shall provide adequate storage space for spare parts, test Product/Equipment and adequate work space, heat, light, ventilation and electric current for use by representative of XtraCover/its authorized representative for provision of Services at Customer's location

x. Customer shall cooperate with XtraCover or it’s authorized representatives at the time of service request and will provide with all the requisite documents asked for, for processing the service request

xi. Customer shall be responsible to de-install all add-ons and/or accessories from the Device before providing the same to XtraCover for Services, maintain backup copy of all software and data, restore software and data on the unit after repair

xii. Customer shall register all complaints/requests for Services only through official XtraCover Call Center/XtraCover App/XtraCover website

xiii. Customer shall comply with all applicable laws, rules and regulations

xiv. Customer shall indemnify us and hold harmless against any act of omission and commission and any consequences arising thereof and defend XtraCover from and against all claims, arising as a result of breach of this Contract

xv. Customer shall inform XtraCover in writing of any change in the billing address. Any written communication, billing statement or notice from XtraCover to Customer will be deemed as served within 48 hours of posting by ordinary mail or earlier as the case may be

xvi. Customer agrees that it shall be its responsibility to be aware of the Contract and the changes therein. Ignorance if any shall be the total responsibility of the Customer

xvii. The Customer understands that the Services have been subscribed on his/her own name and name change in any circumstances is not permitted

xviii. Customer shall not assign any right or interest or delegate any obligation arising herein to any person without XtraCover's prior written consent

xix. The Customer is solely responsible for any unauthorized transfer/change in ownership of the Device

xx. Customer shall return the standby/loan spare parts, if any provided by XtraCover on or before XtraCover returning the original set/Spares to the Customer

15. DISPUTES & JURISDICTION

15.1 The validity, construction and performances of terms herein shall be governed by and interpreted in accordance with the laws of the Republic of India,

15.2 The parties hereto unconditionally and irrevocably agree to submit to the exclusive jurisdiction of the competent Courts in Delhi with regard to any matter or dispute arising hereto or any other documents that may be executed by the parties hereto

 

Repairs Service

 

1. DEFINITIONS

1.1. “Device” : shall mean the item/appliance/equipment of the Customer for which he is purchasing the Service

1.2. ‘Service” shall mean the service provided to customer for one-time repair of his Device against the order placed by him on XtraCover App or website. This includes the health check of the device to assess the repair estimate and the actual repair of the Device after the approval and payment of repair estimate by the customer.

1.3. “Service Partner” means any third-party service provider affiliated with XtraCover.

1.4. “Personal Information/Data” shall mean and include such personal and financial information of the Customer relating to his/her data or documents, in any medium including financial information such as bank account or credit card or debit card or other payment instrument details, identification document details including passport, PAN card details, driving license, etc.

1.5. “Service Center” means the Authorized Service Center of XtraCover used for carrying out Device Repair/Replacement. 

2. PURPOSE

2.1. These terms and conditions (“Terms”) shall govern the transaction between Aforeserve Technologies Pvt. Ltd (“XtraCover”) and the party whose name appears on the Order (“Customer”) in relation to the Service provided by XtraCover.

2.2. These general terms and conditions define the framework and the respective obligations of the parties.

2.3. Customer acknowledges the receipt of the Terms and agrees to be fully bound by the Terms

3. CUSTOMER CONSENTS AND CONFIRMATIONS

3.1. Further, the Customer hereby consents to the use of the Personal Information by XtraCover for the purposes of providing the Service. XtraCover respects the privacy of the Customer and the confidentiality of Customer’s Personal Information so collected by XtraCover by itself or on its behalf and shall take all reasonable steps to protect it and maintain its confidentiality.

3.2. The Customer expressly and without limitation, consents to XtraCover or its service partners recording phone calls between the Customer and XtraCover on the helpline numbers in order for XtraCover to inter alia (i) provide a record of the instructions received from the Customer and to share the same with the Service Partners, if required, (ii) allow itself or its service partners to monitor quality standards, (iii) training purposes, and (iv) meet legal and regulatory requirements.

3.3. The Customer acknowledges that XtraCover has the sole right to vary the features/benefits under the Service or rate of the Service Fee or part thereof, from time to time.

3.4. The Customer hereby provides his/her consent to XtraCover for appointing agents to collect amount payable to XtraCover, as may be considered necessary at the sole discretion of XtraCover.

3.5. The Customer acknowledges that XtraCover may engage third parties including Service Partners for the fulfilment of the services and the Customer hereby consents to XtraCover disclosing, to the extent relevant, the Customer’s Personal Information and/or details of Plan(s) availed by the Customer to inter alia (a) our affiliates Service Partners (b) to our suppliers, vendors, for the purposes of servicing the Customer.

3.6. The Customer hereby consents to XtraCover identifying any service providers and/or products that may be of some interest to the Customer.

3.7. The Customer hereby consents to receiving periodic SMS / email communication from XtraCover of information pertaining to its product features / services.

4. FEES & CHARGES

4.1. XtraCover shall charge the Service Fee from the Customer for availing of the Service, as specified on XtraCover portal. The Service Fee shall be payable in advance including applicable taxes and levies.

4.2. Initiation of XtraCover Service is subject to realization/receipt of the Service  Fee and receipt of device related information as specified on XtraCover App or website

4.3. The Service Fees specified on XtraCover portal is for the health check of the Device. This would be done onsite or using pick and drop model, as per mutually agreed date/time. After the health check is done, the repair estimate is provided to customer for his approval and the repair is carried out after the approval and payment from customer. If customer does not approve the repair estimate, the Device is returned to the customer. The Service Fees for the Health check is non-refundable.

4.4. Customer shall make payment of all charges in advance at the time of subscribing for the Services

4.5. Charges payable by the Customer are exclusive of taxes, duties or levies unless expressly stated to the contrary

5. CONFIDENTIALITY

5.1. XtraCover shall make reasonable efforts to ensure that the Personal Information of the Customer is kept confidential and not disclosed to any third party except to the extent required for fulfilment of services.

6. REPRESENTATIONS AND WARRANTIES

6.1. The Customer represents that he/she is completed the age of 18 years and is a resident of India.

6.2. The Customer is in compliance with the applicable law as may be relevant for the Service which is availed of by the Customer.

6.3. The Personal Information provided by the Customer for the purposes of availing of the Service is and shall be true and accurate.

7. OBLIGATIONS AND COVENANTS OF THE CUSTOMER

7.1. The Customer undertakes that he/she shall strictly comply with the terms specified.

7.2. The Customer undertakes and covenants that he/she shall not make use of the Service to upload, display, publish, update, disseminate or transmit content or information that:

i. Belongs to another person and to which the user does not have any right to or which is confidential;

ii. Is an impersonation of another person, grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

iii. Harms minors in any way;

iv. Infringes any patent, trademark, copyright or other proprietary rights;

v. Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

vi. Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or

vii. Threatens the unity, integrity, defense, security or sovereignty of India or seditious, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any other nation or violates any other provision of law.

8. LIMITATION OF LIABILITY

8.1. XtraCover shall not be liable to the customer for any damages resulting from or related to any services performed by XtraCover hereunder, including, but not limited to, any loss of data or software, inability of XtraCover to correct any errors, malfunctions and defects in the product/equipment/hardware/software delay of XtraCover in performing any services hereunder.

8.2. In no event, shall XtraCover be liable to the customer for any indirect, special, or consequential damages or lost profits arising out of or related to services provided by the XtraCover under this contract, even if XtraCover has been advised of the possibility thereof, or knew or should have known thereof.

8.3. The maximum liability of XtraCover for each incidence shall not exceed the Service Fee

9. INDEMNITY

9.1. The Customer hereby agrees to defend, indemnify and hold XtraCover and its officers, directors, employees and subcontractors harmless from any and all losses, damages, liabilities, verdicts, settlements, judgments, costs, and expenses (including reasonable attorneys' fees) incurred by XtraCover or its officers or employees arising out of:

i. Any wrongful act or omission of the Customer in relation to the usage of the Service

ii. Any willful misconduct, gross negligence or fraud by the Customer;

iii. Any failure of the Customer to comply with the applicable law;

iv. Any breach of the representations, warranties, obligations and covenants of the Customer or a default of the Customer’s obligations; and

v. Any third party claims arising out of the Customer’s use of the Service.

9.2. This indemnity will survive the termination of the Terms and is in addition to and not in substitution of the other remedies and rights that XtraCover may have, either at law in the Terms and/or the Service Terms

10. NOTICES

Any notice required under the Terms must be in writing and must be either (a) delivered in person, (b) sent by registered mail, or air mail, as appropriate, or (c) sent by overnight courier, in each case properly posted and fully prepaid to the appropriate address set forth herein. Aforeserve Technologies Pvt. Ltd at A-1, 3rd Floor, Block A, Okhla Industrial Area, Phase 2, New Delhi - 110020, India

11. MISCELLLANEOUS

11.1. The Terms will enure to the benefit of the legal successors of XtraCover. Other than as stated above, no assignment of the Terms is possible.

11.2. XtraCover will not incur any liability to the other party on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control and without negligence of the parties. Such events, occurrences, or causes will include, without limitation, acts of God, riots, acts of war, natural disaster, fire and explosions, or any other events reasonably beyond the control of either party.

11.3. XtraCover reserves the right to amend the Terms and/or the features or pricing of the Service. Upon such amendment such terms will become applicable immediately.

11.4. The Terms constitute the entire agreement between the parties with respect and in relation to the Service (including any modification or amendment thereto) subscribed or availed of by the Customer and supersedes all previous communications, representations, understandings and agreements, either oral or written.

11.5. The Agreement shall be governed by the laws of the Republic of India.

11.6. All disputes arising in connection with the Terms shall be finally settled by arbitration pursuant to the rules of the Arbitration and Conciliation Act, 1996, by one arbitrator appointed in accordance with the said Rules. The seat of arbitration shall be Delhi. The language of the arbitration proceedings shall be English. The decision of the arbitrator shall be final and binding on the parties. 

12. SERVICE DESCRIPTION

12.1. Definitions

i. The definitions as set out herein are in addition to the definitions as set out in the General Terms

ii. “Device” shall mean the item/appliance/equipment of the Customer for which he is purchasing the Service. The Customer can only avail of the Service in relation to one Device eg. a Laptop, Mobile Phone, Desktop, AIO etc. , i.e. one Service per Device

iii. “SIM Card” shall mean the Subscriber Identification Module card of the Customer which is used by the Customer in his/her Mobile Phone or Tablet

iv. “SMS” shall mean short message service

v. “Telecom Service Provider” shall mean the telecom service provider who provides the Customer with the SIM Card and Mobile Phone connection

vi. “Beneficiary” shall mean the buyer of the XtraCover Service, who has opted for the Service under this Plan. It is agreed that the Device should be in the name of Customer. Where the Customer is a corporate entity, beneficiary shall mean any representative / employee of the entity authorized to use the Device. It is also agreed that the Device can be used by the Customer or immediate family members restricted to parents, spouse and children only or where such customer is a corporate entity, Beneficiary shall mean any representative/employee of the customer who is authorized by the customer to use the  Device

vii. “Official Channel” shall mean Manufacturer, Manufacturer Subsidiary Company, XtraCover Authorized Retailer/Dealer/Distributor, Authorized Service Partners, Online Retail channel and XtraCover official website & apps

viii. “Onsite Repairs” shall mean the repair engineer will visit the premises where the Device  has been installed to provide the repair services

ix. We, Us, Our : XtraCover

x. You, Your : The person to whom we are providing Service 

12.2. Conditions of Cover

i. You must be at least 18 years old on the date of purchase of Service

ii. Service is offered for the Device as per the information provided by the customer on XtraCover portal, which includes the Device Brand/Make/Model the nature of the defect as well as the contact details and address details. Service is initiated as soon as the customer pays the Service Fees online thru XtraCover portal.

iii. The Service Fees is towards the health check and diagnosis of the Device. This is performed onsite by XtraCover engineer as per mutually agreed date/time. It can also be done using pickup and drop model as per the discretion of XtraCover.

iv. After the health check is completed by XtraCover engineer, a repair estimate is provided to customer. If the repair estimate is approved by customer and payment is made online thru the link provided by XtraCover/XtraCover Partner, the repair is carried out. During the course of repair, it is possible that a different or new problem is found on the Device and a revised repair estimate would be provided to customer. If customer approves and makes the payment as advised by XtraCover/XtraCover Partner, repair is carried out by XtraCover authorized engineer. If customer does not wish to approve the repair estimate, the device is returned back to customer and the repair fee paid, if any is refunded back to customer. The repair estimate provided by XtraCover has a validity of 15 days only.

v. After the Device is made functional, the customer has to provide a sign-off on the Customer-Call-Service-Slip that the repair is completed. This signoff is to be provided immediately after the Device is repaired and given to customer. Service is deemed complete based on this signoff by customer. In case of pick and drop of the Device, the service is deemed completed when the Device is delivered to customer after repair. If there is any transit damage to the Device when received back after repair, customer must notify about the same to XtraCover within 24 hours of receipt.

vi. The repair carried out by XtraCover has a warranty of 90 days for the part replaced as part of repair i.e. if the same part fails again within 90 days, the repair will be carried out by XtraCover without any additional cost to customer.

vii. XtraCover or its authorized service providers shall provide Services only during normal working hours on regular working days of XtraCover and/or its authorized service providers

viii. Normal working hours would be 9:00 am to 6:00 pm on all days excluding public holidays

ix. Service covers the cost of parts and labor charges for at-home service within the city/municipal limits of the XtraCover Service Centers. In some cases where the onsite repair is not possible, XtraCover will transport the Device to service center for performing repairs, if required.

x. All defective components replaced by XtraCover shall become the property of XtraCover and the customer shall not claim any right to the same

xi. All defective components will be replaced with parts which are new or like new in performance adhering to manufacturer’s specifications, at our sole discretion

12.3. Service Assurance for Qualifying Brands

i. In the event of your Device requiring repair, XtraCover will undertake to get your Device repaired

ii. Subject to the other terms and conditions mentioned in this document, XtraCover provides committed timelines for repairs of Devices. XtraCover will get the repairs carried out within a period of 15 working days from the date of payment of the repair estimate. In case the Device cannot be repaired within the reasonable time or reasons beyond its control, XtraCover at its discretion may choose to return the Device to customer. In all such cases, the repair estimate charges that are paid by customer would be refunded without any further obligation whatsoever, provided that

iii. There is no delay in providing access to the Device to us when we request you to provide such access to us for repairs; any delay in providing access to the Device  will extend the commitment by the delayed period

iv. You are able to provide the correct documentation to us on time when we request you for it; any delay in handing over the correct documentation to us will extend the commitment by the delayed period

v. You respond within reasonable time to request(s) for any relevant information regarding the Device or to any other information sought by us to process your request quickly; any delay in responding to us in a timely manner will extend the commitment by the delayed period

12.4. Covered Devices: Mobile phones, Laptops, Desktops and AIO PCs.

i. At times, unforeseen events disrupt the supply of spare parts for an extended period of time, or manufacturing brands at times are unable to provide spare parts due unforeseen circumstances in their operations. While XtraCover will make all efforts to provide a resolution in the committed timelines, the Service Timeline will not apply when spare parts supply is disrupted due to events over which XtraCover has no control especially when those events disrupt global supply chains. However, XtraCover shall inform you of any such delay and provide you confirmation from the brands or its authorized representatives on the delay.

12.5 Customer Responsibilities:

i. It is your responsibility to properly maintain, store and use your Device according to the manufacturer instructions and take all reasonable steps to use your equipment as prescribed by the manufacturer

ii. You agree to return the defective spares or Device to XtraCover

iii. Customer shall provide representative of XtraCover/its service provider full access to the Device in order to effect necessary adjustments and repairs

iv. Customer shall provide adequate storage space for spare parts, test Product/Equipment and adequate work space, heat, light, ventilation and electric current for use by representative of XtraCover/its authorized representative for provision of Services at Customer's location

v. Customer shall cooperate with XtraCover or it’s authorized representatives at the time of service request and will provide with all the requisite documents asked for, for processing the service request

vi. Customer shall be responsible to de-install all add-ons and/or accessories from the Device before providing the same to XtraCover for Services, maintain backup copy of all software and data, restore software and data on the unit after repair

vii. Customer shall register all requests for Services only through official XtraCover App or website

viii. Customer shall comply with all applicable laws, rules and regulations

ix. Customer shall indemnify us and hold harmless against any act of omission and commission and any consequences arising thereof and defend XtraCover from and against all claims, arising as a result of breach of this Contract

x. Customer shall inform XtraCover in writing of any change in the billing address. Any written communication, billing statement or notice from XtraCover to Customer will be deemed as served within 48 hours of posting by ordinary mail or earlier as the case may be

xi. Customer agrees that it shall be its responsibility to be aware of the Contract and the changes therein. Ignorance if any shall be the total responsibility of the Customer

xii. The Customer understands that the Services have been subscribed on his/her own name and name change in any circumstances is not permitted

xiii. Customer shall not assign any right or interest or delegate any obligation arising herein to any person without XtraCover's prior written consent

xiv. The Customer is solely responsible for any unauthorized transfer/change in ownership of the Device

xv. Customer shall return the standby/loan spare parts, if any provided by XtraCover on or before XtraCover returning the original set/Spares to the Customer

13. DISPUTES & JURISDICTION

13.1 The validity, construction and performances of terms herein shall be governed by and interpreted in accordance with the laws of the Republic of India,

13.2 The parties hereto unconditionally and irrevocably agree to submit to the exclusive jurisdiction of the competent Courts in Delhi with regard to any matter or dispute arising hereto or any other documents that may be executed by the parties hereto