Total Protection Plan

 

Terms & Conditions

 

Congratulations on purchasing this protection plan. Please read the terms and conditions, so that you understand the coverage under this plan.


STANDARD TERMS AND CONDITIONS

 

1. DEFINITIONS

1.1   Plan(s): shall mean either or all of the products/ services package offered by OneAssist from time to time,

which products/services may have optional add-on components or features, details of which are mentioned in the Welcome letter kit / Welcome email / Welcome message.

1.2   Plan Fee: shall mean the fees charged by OneAssist 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 specific terms and conditions separately provided with the Terms herein which shall be specifically applicable in relation to each Plan(s).

1.4   Cancellation Period: shall mean the number of days from the date of activation of the Plan(s) within which the Customer may cancel the Plan(s) and obtain a full refund of the Plan Fee.

1.5   Service Partner: means any third-party logistics or repairs service provider affiliated with OneAssist.

1.6   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.

2. PURPOSE

2.1   These terms and conditions (“Terms”) shall govern the transaction between OneAssist Consumer

Solutions Private Limited (“OneAssist”) and the party whose name appears on the Order (“Customer”) in

relation to the Plan(s) provided by OneAssist.

2.2   These general terms and conditions define the framework and the respective obligations of the parties. Specific terms and conditions relating to the specific Plan(s) that has been availed or subscribed to by the Customer supplementing or derogating from these general terms and conditions may be agreed to in the Plan Terms in writing which shall be annexed to this Terms.

Text Box: 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 protection plan by sharing device details or avails of any service or benefit under any of the Plan Terms, or lodges a claim within the term of the protection cover , the Customer shall be 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 OneAssist for

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


 

3.2   The Customer also hereby consents to the Personal Information being disclosed by OneAssist to any third party including any Insurer of OneAssist and or Service Partner of OneAssist who will be either providing the benefit and/or services on each of the Plan(s) for the purposes of fulfilment of the services or if required by law.

3.3   The Customer expressly and without limitation, consents to OneAssist or its Service Partners recording phone calls between the Customer and OneAssist on OneAssist’s helpline numbers set out in the relevant Plan Terms in order for OneAssist 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.

3.4   The Customer acknowledges that OneAssist 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.

3.5   The Customer hereby provides his/her consent to OneAssist for appointing employees/collection agents to collect amounts payable to OneAssist, as may be considered necessary in the sole discretion of OneAssist and which shall be at the sole risk and cost of the Customer.

3.6   The Customer acknowledges that OneAssist may engage third parties including Service Partners for the fulfilment of the services and the Customer hereby consents to OneAssist 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.

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

3.8   The Customer hereby consents to receiving period SMS / WhatsApp message/ email communication from OneAssist of information pertaining to its product features / services.

 

4.        TOTAL FEES/CHARGES

4.1   OneAssist 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 and the Customer may make a one-time payment of the Plan Fee for the applicable period or authorize OneAssist with appropriate debit instructions to deduct the Plan Fee from the Customer’s bank or credit/debit card from time to time 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 OneAssist Plan(s) is subject to realization/receipt of the Plan Fee by OneAssist.

 

5.        SERVICING OF CLAIMS

1.1   The Customer acknowledges and understands that claim or payment of any benefit shall be at the sole discretion of One Assist and/or their Insurer.

1.2   Any claims made by the Customer under these Terms and Plan Terms shall be subject to the following:

a)       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;

b)      The Customer having provided OneAssist with full and accurate information in connection with the coverage, as applicable;

c)       The Customer having complied with the requirements of processing the claim may be required from time to time:

i)        Claim related details duly filled by the Customer; and

ii)       Invoice copy

 

iii)     Original Repair Invoice, any Govt issued identity proof to confirm Name, Address and Date of Birth

iv)     Bank Account details, cancelled Cheque in case of monetary settlement

Notwithstanding anything contained hereinabove, OneAssist shall not be obliged to entertain any claim from the Customer unless (i) the Customer is over the age of 18 years and a resident of India.

 

6.        CANCELLATIONS/ RENEWAL/TERMINATION

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

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

a)       agreed to help any third party to try to fraudulently or dishonestly obtain money from OneAssist or the Insurer; or

b)      is in violation of applicable law as may be relevant to the use of the Plan(s); or

c)       failed to meet the Terms and/or the Plan Terms, or to act in good faith, openly, honestly and in a bona fide manner towards OneAssist or the Insurer including by providing false or inaccurate information; and

d)      Customer fails to return to OneAssist or its authorized Service Partner(s)any goods/devices temporarily lent to him/her or money advanced on an emergency basis to him/her or tickets or hotel bookings made on behalf of the Customer and which are to be returned/reimbursed/paid as per the terms of the Plan to OneAssist or to its authorized Service Partner.

6.3   If notice of termination is provided by the Customer within the Cancellation Period, a full refund is available. However, if the Customer has lodged a service request or a claim or availed of any benefit under any of the Plan Terms at any time during the Cancellation Period, no refund will be available. After the expiry of the Cancellation Period, for any cancellation by the Customer, OneAssist will not refund the Plan Fee.

Period

Refund Percentage

0-10 Days

100%

Above 10 Days

No Refund

The above refund percentage is on Plan Fee.

 

7.        CONFIDENTIALITY

7.1   OneAssist 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 or a claim was dishonest, fraudulent or false, OneAssist shall have the right to and will take steps to recover from the Customer, such payment(s) made to the Customer, either by OneAssist 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).

Text Box: 9.3 The Customer acknowledges, confirms and covenants that the object of the Plan(s) being availed of or provided by OneAssist is not an ‘insurance product’ and that the Customer has availed of the Plan(s) in accordance with this understanding.

9.4 The Customer undertakes and covenants that he/she shall not use / 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:

a)       belongs to another person and to which the user does not have any right to or which is confidential;

b)      is an impersonation of another person, grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, 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;

c)       harm minors in any way;

d)      infringes any patent, trademark, copyright or other proprietary rights;

e)      deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

f)        contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or

g)       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           OneAssist 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). OneAssist disclaims all implied warranties of merchantability, fitness for a particular purpose.

10.2           In any case the cumulative liability of this plan will never exceed the product invoice value or plan sum, whichever is lower throughout the plan period.

10.3           In the event of any complaints/grievances, Customer may write to OneAssist on happytoassist@oneassist.in, or alternatively give a call on 18001233330. All the compliances and grievances shall be allotted a reference number and shall be resolved within 10 working days of the date of issue of reference number.

 

 

11.    INDEMNITY

11.1           The Customer hereby agrees to defend, indemnify and hold OneAssist 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 OneAssist or its officers or employees arising out of:

a)       any wrongful act or omission of the Customer in relation to the usage of the Plan(s);

b)      any wilful misconduct, gross negligence or fraud by the Customer;

c)       any failure of the Customer to comply with the applicable law; 

d)      any breach of the representations, warranties, obligations and covenants of the Customer or a default

of the Customer’s obligations; and

e)      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 OneAssist 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 first class 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.

OneAssist Consumer Solutions Private Limited

PO Box 7431, 18, Military Rd, Sankasth Pada Welfare Society, Shivaji Nagar JJC, Marol, Andheri East, Mumbai, Maharashtra 400059

 

13.    MISCELLLANEOUS

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

13.2           OneAssist 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, bandhs, riots, acts of war, natural disaster, fire and explosions, or any other events reasonably beyond the control of either party.

13.3           OneAssist 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 and will be intimated to the Customer in due course. If the Customer does not accept the amendment of the Terms and/or the Plan Terms, he shall have the right to terminate Terms and the Plan Terms with appropriate notice as may be specified in section “CANCELLATIONS/ RENEWAL/TERMINATION”. The alteration of the Terms and/or the Plan Terms shall be deemed accepted where the Customer continues to use the services available under the Terms and/or the Plan Terms one (1) month after the amendment has taken effect.

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 Mumbai. The language of the arbitration proceedings shall be English. The decision of the arbitrator shall be final and binding on the parties.

 

This “OneAssist Total Protection Plan", herein also after referred to as “Total Protection Plan” or “Plan” has been entered into between OneAssist Consumer Solutions Private Limited, herein after referred to as "OneAssist", incorporated under the Companies Act, 1956 and having CIN U93090MH2011PTC218163 and the name & address of the customer, herein referred to as “Customer”, mentioned in the application form. The terms & conditions of Total Protection Plan shall be fully binding on the customer for the product/appliance/equipment covered, herein referred to as “Product”.

 

14.    GENERAL DEFINITIONS

14.1           Product Covered: “Product” shall mean the Xiaomi’s ‘Mi’ branded Television of the Customer. The Customer can only avail this Plan in relation to one TV, i.e. one Plan per TV.

14.2           Accidental Damage: Damage that occurs suddenly as a result of an unexpected and non-deliberate external action and has an impact on the functional performance of the appliance.

14.3           Electrical Surge: Brief overvoltage spikes or disturbances that can render any electrical home appliance functionally inactive.

14.4           Extended Warranty: shall mean an extension of manufacturer’s warranty terms by a continuous period of 2 years starting from the expiry of manufacturer’s warranty. The warranty covers commences on the expiration of the manufacturer’s warranty period 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 reason, the manufacturer replaces the Product of the Customer with the Product of the same model during the manufacturer’s warranty period subject to such information being shared by you with OneAssist on any such occasion.

14.5           Official Channel: Manufacturer, Manufacturer Subsidiary company, OneAssist Authorized Retailer/ Dealer/ Distributor, Authorized Service Partners, Online Retail channel and OneAssist official website & apps.

14.6           Normal Operating Condition: Ability of the product 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.

14.7           Normal use: Use of the product in accordance with the Manufacturer’s guidelines for Product usages including but not limited to regular maintenance and upkeep of the Product, usage of specified protection device such as voltage stabilizer.

14.8           Mechanical/ Electrical Breakdown: Means defect, the breaking or burning out (electrical) of any defined parts of the insured product arising from mechanical or electrical defect causing sudden stoppage of their functions, necessitating visit, repair or replacement.

14.9           Covered Breakdown: Mechanical and electrical breakdown to the extent provided by the Manufacturer’s Warranty/ Guarantee for domestic electrical/electronic product manufactured in India or is legally imported in India and sold through official channel by an invoice and Manufacturer’s Warranty/ Guarantee certificate. The covered breakdown will vary for each product in accordance with the Manufacturer’s Warranty/ Guarantee for the said period.

14.10        Onsite Repairs: The repair technician will visit the premises where the product has been installed to provide the repair services.

14.11        Deductible/Excess: means the portion of the repair cost or settlement amount that will have to be borne by you for any claim depending on the nature of the damage to your appliance.

14.12        Manufacturer’s Warranty/ Guarantee: The original warranty/ guarantee provided by the respective manufacturer to the respective product as per manufacturer’s warranty/ guarantee terms & conditions.


 

14.13        Manufacturer’s Warranty/ Guarantee Period: The uninterrupted period of the Manufacturer’s Warranty/ Guarantee as stated on the original official manufacturer’s warranty/ guarantee certificate and publications.

14.14        Service Contract Term: Mechanical and electrical breakdown to the extent provided by the manufacturer’s warranty for domestic electrical/electronic product manufactured in India or is legally imported in India and sold through official channel by an invoice and manufacturer’s warranty/Guarantee certificate. The Total Protection 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 Product of the Customer with the Product of the same model during the manufacturer’s warranty period subject to such information being shared by you with OneAssist on any such occasion.

14.15        We, Us, Our: The issuer of Total Protection Plan i.e., OneAssist

14.16        You, Your, Customer: The person to whom We are issuing Our Total Protection Plan

 

 

15.    PLAN FEATURES

15.1           One Call to OneAssist

a)       In the event of damage/breakdown of the Product, the Customer can use the OneAssist Mobile application, Website (www.oneassist.in), or call our 24-hour toll-free call centre (1800 123 3330) to report the damage/breakdown of Product of discovering the damage/breakdown

b)      The Customer hereby consents to OneAssist acting on its behalf and to do all such acts necessary in the performance of its obligations as set out herein

 

15.2           Mobile Application

With the OneAssist Mobile Application, the customer can track the status of your repair at every stage. The customer can remain updated on the status of service request on a real-time basis and can view it in a timeline form from the date it was created till the time it was resolved

15.3           Repair at Doorstep/Pick up & Delivery of device from doorstep

Once the customer has intimated OneAssist of damage and provided the required documents, OneAssist or their service providers will get the product repaired at customer’s doorstep. In case product is not repairable at customer’s place, Oneassist will provide free Pick up & drop of product free of cost for the customer.

15.4           Repair by Authorised Service Network using Genuine Spare Parts

OneAssist will repair the damaged product by OEM/OneAssist Authorised Service Centres/Experts using genuine spare parts. OneAssist only works through reputable service providers so that the product is in good hands. The process is completely cashless for the customer.

15.5           Resolution

a)       6-Hour Visit Guarantee: We promise to be there at your doorstep within 6 business hours (in top 8 cities), 24 hours in tier-1 cities and 48 hours in the rest of India. You have the option of choosing a time-slot anytime between 9am to 9pm and we promise to be at your doorstep on the chosen slot.

b)      10-Day Resolution Guarantee: We guarantee resolution of repair within 10 days (15 Days for TV) provided there is no delay in providing access to the product to us and provide the correct documentation to us on time.


 

16.    WHAT WE COVER

16.1           Extended Warranty support for 2 years beyond expiry of standard manufacturing warranty of 1 year. Extended Warranty replicates the manufacturer’s warranty against any malfunctions. Coverage related to Panel repair/replacement is ONLY covered in the second year of Extended Warranty period.

16.2           Accidental or Liquid damage Protection for 3 years from the date of activation of Total Protection Plan. Accidental or Liquid Damage is defined as “damage that occurs suddenly as a result of an unexpected and non-deliberate external action and has an impact on the functional performance of the appliance”.

16.3           Electrical Surge protection for 3 years from the date of activation of Total Protection Plan. Electrical Surge is defined as “brief overvoltage spikes or disturbances that can render any electrical home appliance functionally inactive”

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

16.5           Excess Applicable;

a)       Extended Warranty: Nil

b)      Accidental, Liquid & Surge Damage: 10% of claim amount before sending our technician for repair, OneAssist will send a link on registered Email ID for payment collection.

16.6           Number of Claims;

a)       Extended Warranty: Multiple claims can be raised in entire plan tenure.

b)      Accidental, Liquid & Surge Damage: Two claims can be raised in entire plan tenure

16.7           Cumulative liability for the program will be limited to the sum insured or the Invoice value of the Appliance, whichever is lower

16.8            In the event that customer declares invoice value lesser than what is mentioned in invoice document as purchase price, “condition of average” will be applied on every repair estimate/ monetary settlement (which would not be covered as part of the plan and has to be paid by customer)

16.8.1 “Condition of average” is calculated as

 

(purchase invoice value – declared invoice value) / (purchase invoice value) * 100 %

Liability arising out of “Condition of average” has to be paid by customer to complete the repair process

 

 

17.    CONDITION OF COVER

17.1           You must be at least 18 years old on the date of purchase of this plan.

17.2           This Plan is limited to products that are purchased in select cities within defined geographic boundary of the Republic of India

17.3           This plan should be purchased along with the new Television only. There is no cover for items

described as ‘used’, ‘second hand’ or ‘refurbished’.

17.4           This Plan will cover only products that are under the original Manufacturer’s Warranty/ Guarantee. Any condition/act that voids the Manufacturer’s Warranty/ Guarantee would result in product becoming ineligible for this plan.

17.5           This plan can only be purchased for products that haven’t been repaired under manufacturer’s warranty or otherwise before purchase of the plan. We reserve the right to reject any service request or a claim under in this plan if the product has been repaired prior to your purchasing the plan.

17.6           This plan is applicable for a period 36 months (3 year). The plan cover period is also mentioned in the email/ message that will be sent to you post successful activation of your plan by you.


17.7           This plan shall become effective once OneAssist, 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.

17.8           At point of service, during this plan duration, the customer is required to show the proof of purchase i.e., Product purchase invoice.

17.9           For any repairs of appliance that has suffered an Accidental Liquid or Surge damage, you will be required to pay 10% of claim amount as an excess charge before sending our technician for repair, OneAssist will send you a link on your registered Email ID to make the payment.

17.10        OneAssist reserves the right to deny service and cancel this plan, without any refund whatsoever, if Customer fails to produce the above information.

17.11        OneAssist or Xiaomi authorized service providers shall provide services only during normal working hours on regular working days of OneAssist and/or its authorized service providers.

17.12        Normal Working hours would be 9:00 am to 9:00 pm on all days excluding public holidays

17.13        To avail services, you must present to OneAssist at the time of execution of this Plan, the proof of purchase (a copy of the purchase invoice) of the product in question.

17.14        OneAssist makes no express or implied warranties whatsoever regarding the services provided/ rendered and/or effects thereof etc. and shall not be liable to the Customer or any other person claiming, by, through or under the Customer.

17.15         Providing service at locations which are not in the serviceable limits: OneAssist reserves the right to advise customer to get it repaired through the nearest Xiaomi Authorised Service and then claim reimbursement subject to terms of extended warranty and satisfactory verification of documents/proofs as demanded by OneAssist.

17.16         In all such cases, the customer should present a repair estimate from the Xiaomi Authorised Service Provider and proceed with repairs only when explicit approval is given by OneAssist. OneAssist’s liability in all such cases will be towards the covered repairs under Extended Warranty Program only. All the documents should reach OneAssist within 30 days of your first intimating the claim to us.

17.17         In case the defected unit needs to be transported to service center and it is outside the serviceable limit of OneAssist, Customer shall arrange for the same and OneAssist will reimburse the amount upon producing valid invoice towards the same. Customer shall take full responsibility of the product during transportation and damages during transportation shall not be covered under the Product Plans.

17.18        During the validity of this plan, OneAssist 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 product electrically functional. This is subject to the condition, the breakdown of the product being due to normal usage.

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

17.20        All defective components replaced by OneAssist shall become the property of OneAssist and the customer shall not claim any right to the same, and the same should not be destroyed, or damaged, or salvaged by You under any circumstances.

17.21        Defects and/or parts not covered under the original Manufacturer’s Warranty/ Guarantee, will not be covered under this plan.

17.22        All defective components will be replaced with parts which are new.

18.    CUSTOMER RESPONSIBILITY

18.1           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 Product 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 Product within 15 days of such replacement.

18.2           In the event, appliance purchase price entered at the time of membership activation is lesser than price maintained in invoice document, “Condition of cover” will be applied in all the claims pertaining to the membership. Details of condition of cover and how it impacts claims liability is mentioned in “What We Cover” section

18.3           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 Product as prescribed by the manufacturer.

18.4           You agree to return the defective spares or product to OneAssist or its service provider wherever requested.

18.5           NON-Activated & NON-Fulfilment of any of the above conditions may result in the plan being considered as void and all requests made against Total Protection Plan are liable to be rejected.

18.6           Customer shall provide representative of OneAssist/its service provider full access to the Product/Equipment in order to effect necessary adjustments and repairs.

18.7           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 OneAssist/its authorized representative for provision of services at Customer's location.

18.8           Customer shall cooperate with OneAssist 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.

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

18.10        Customer shall register all complaints/requests for services only through official OneAssist Call

Centre’s/One Assist App/OneAssist website.

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

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

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

18.14        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.

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

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

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

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


19.    EXCLUSIONS APPLICABLE UNDER THIS PLAN

19.1           Any problems or defects not covered by Manufacturer’s Warranty/ Guarantee.

19.2           Service of products which are not supported by valid Proof of Purchase by customer shall not be admissible under this plan.

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

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

19.5           Normal wear and tear items, not integral or necessary to the functioning of the products or routine service, or if the wear and tear on the parts.

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

19.7           Repair of the product due to accident, misuse, abuse, neglect, or improper maintenance.

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

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

19.10        Damage caused by unauthorised modification, alteration, adjustment, repair, service or installation by unauthorised personnel is not covered. Such unauthorised repair or replacement of covered products shall result in the cancellation of this insured unit.

19.11        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, animal or insect infestation or intrusion.

19.12        Reception or transmission problems resulting from external causes.

19.13        Problems or defects caused by unauthorized modifications/repairs or failure to follow the

manufacturer’s operating manual and as specified in the warranty card.

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

19.15        Any loss arising due to any external cause not covered under the plan such as mysterious disappearance, malicious mischief, corrosion, rust, denting, animal / insect damage or due to foreign bodies.

19.16        Any loss due to mysterious circumstances or where the cause of loss could not be sufficiently established

19.17        Any loss or damage caused to the Insured Asset whilst in transit or otherwise that has been entrusted for any service, repair or replacement to any entity other than those authorized by OneAssist

19.18        Damage/failure caused before or during Transportation or Product delivery.

19.19        Service of product on which the Manufacturer’s label or logo, rating label or Serial number have been

defaced or removed.

19.20        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 Product shall be recoverable hereunder.

19.21        Service on third party products or software not supplied/authorized by the manufacturer that may be installed in or used in connection with the product.

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

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


 

19.24        Failure due to physical damages, improper site conditions, rain or weather conditions, and liquid spillage.

19.25        Breakdown caused by computer virus or realignments to the product.

19.26        Commercial usage of appliances

19.27        Damage/failure caused before or during product delivery.

19.28        Any consequential or incidental damages arising from the use or loss of use of the Product.

19.29        The cost of repairing, restoring computer software.

19.30        Loss of data, software or any other information.

 

20.    ONEASSIST SERVICE ASSURANCE FOR QUALIFYING BRANDS

20.1           In the event of your Product requiring repair, OneAssist will undertake to get your Product repaired.

20.2           Subject to the other terms and conditions mentioned in this document, OneAssist provides committed timelines for repairs of products. In the event that your product requires repairs, OneAssist will get the repairs carried out within a period of 10 working days from the date of registering a request with OneAssist.

a)       There is no delay in providing access to the Product to us when we request you to provide such access to us for repairs; any delay in providing access to the Product 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 Product 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.

20.3           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 OneAssist 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 OneAssist has no control especially when those events disrupt global supply chains. However, OneAssist shall inform you of any such delay and provide you confirmation from the brands or its authorized representatives on the delay.

20.4           Remote controls are explicitly not covered under this plan.

 

21.    TERMS OF MONETARY SETTLEMENT

4.1              

21.1 If monetary settlement is being offered, it can be because of two reasons –
Ifmonetarysettlementis beingoffered,itcanbebecause oftwo reasons–

4.2               In case (a), where repair estimate exceeds 80% of invoice value, the settlement value for the product

will reflect the prevailing market value of the appliance post applicable depreciations (see below schedule for depreciation percentage) less deductions towards salvage. Salvage amount deduction (3% of Sum Insured) will be done on all claims for monetary settlement.

4.3               In case (b), where spare parts are unavailable, the settlement value will be calculated either via option

i)  or option ii), whichever is lower

i)        The settlement value for the product will reflect the prevailing market value of the appliance post applicable depreciations (see below schedule for depreciation percentage) less deductions


 

towards salvage. Salvage amount deduction (3% of Sum Insured) will be done on all claims for monetary settlement.

ii)       The settlement value for the product will reflect the total estimate of parts which are unavailable less excess charges.

21.4           The prevailing market value of the appliance will be determined solely by OneAssist based on the brand, technology, size/capacity of the product(s) among other things. If the product model is discontinued, we’ll arrive at the prevailing market value for a similar new product which may or may not be of the same brand. While doing so, we reserve the right to select the lowest cost option available and this value will be final and binding on the customer.

21.5           In 1st year Extended Warranty period there is no Monetary settlement to be offered.

 

22.    DEPRECIATION GRID OF MONETARY SETTLEMENT:

 

(a)    In case of Accidental, Liquid or Surge Damage scenarios;

Age of the product (in years)

Depreciation

0 1

25%

1 2

40%

2 3

55%

 

(b)    In case in case of Mechanical/ Electrical Breakdown scenarios;

 

Extended Warranty Period

Depreciation

1st year of Extended Warranty

0%

2nd year of Extended Warranty

40%

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

 

23.    CHARGES AND PAYMENT

23.1           Customer shall make payment of all charges in advance at the time of subscribing for the services.

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

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

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

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

23.6           Charges payable for accessories used for re-installation, will have to be borne by the Customer.

 

24.    GOVERNING LAW& JURISDICTION

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

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

 

25.    LIMITATION OF LIABILITY

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

25.2           In no event, shall OneAssist 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 OneAssist under this contract, even if OneAssist has been advised of the possibility thereof, or knew or should have known thereof.

25.3           The maximum liability of OneAssist for each incidence shall not be greater than the Plan Fee charged for the Product in any case whatsoever.

25.4           Our absolute limit of liability towards all claims made during the plan period will not exceed the sum assured opted by the customer at the time of purchase. Therefore, the total liability of OneAssist for all incidences shall not be greater than the sum insured.

25.5           After each repair, replacement offered to you under the plan, your remaining cover amount/Sum insured will be reduced by the expense incurred by OneAssist in the corresponding repair, replacement or settlement This will give the balance sum insured. Eg; For 20k sum insured, balance sum insured after one claim of 5k will be 15k

 

26.    TERMINATION

26.1           In addition to the typical termination that exists in OneAssist Total Protection Plan T&C, the Plan will be terminated in the following scenarios:

a)       At the closing hours of the end date of the Service Contract Term.

b)      We replace your Product or provide you a monetary settlement in lieu of the same. Whichever happens earlier.

27.    SERVICE REQUEST OR CLAIM PROCESS

1.3     You are required to intimate about the loss to OneAssist as per the below grid;

-          Mechanical/ Electrical Breakdown - Within 7 calendar days of its occurrence beyond which the request is liable to be rejected

-          Accidental & Electric Surge - Within 2 calendar days of its occurrence beyond which the request is liable to be rejected

27.1           You should file a service request or a claim using OneAssist Mobile App(s) or by logging onto our website.

27.2           You should fill in the required details detailing the issue that you are facing.

27.3           You must upload a copy of the purchase invoice for the product in question, if not already done.

27.4           Depending upon your product 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.

ota

27.5           In case you have trouble requesting a service, please call us on 1800-123-3330 (toll-free) and we will be happy to guide you.

 

28.    MISCELLANEOUS

28.1           The marketing brochures are meant purely for educating customers about the features and terms of this plan and they have no commercial value.

28.2           This Agreement is the complete and exclusive agreement between issuer of Total Protection Plan i.e., OneAssist Consumer Solutions Private Limited and Customer relating to the subject matter hereof. Any statements or representations made by resellers, ASPs or others that are inconsistent with this Agreement shall not be binding upon us.