Terms & Conditions for XtraCover Services:
• Warranty on Sale of Refurbished Products (RW)
• Extended Warranty (EW)
• Accidental Damage & Liquid Damage Protection (ADLDP) / Screen Damage Protection (SDP)
A. 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 XtraCover 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:
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:
There is no free look-in period for RW.
6.3. XtraCover RW Plan will be terminated in the following scenarios:
6. 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:
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:
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. XtraCover 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
14.2. Coverage:
14.3. Conditions of Cover
14.4. Covered Devices
14.5. Service Assurance for Qualifying Brands
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:
14.9 Mandatory Device related information for plan activation:
14.10 Exclusions
14.11 Service Request process:
14.12 Customer Responsibilities:
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
B. 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 XtraCover 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:
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:
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.
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:
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:
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:
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. XtraCover 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
14.2. Coverage:
14.3. Conditions of Cover
14.4. Covered Devices
14.5. Service Assurance for Qualifying Brands
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:
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% |
14.9 Mandatory Device related information for plan activation:
14.10 Exclusions
14.11 Service Request process:
14.12 Customer Responsibilities:
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
C. 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 XtraCover 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:
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:
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.
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:
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:
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. XtraCover 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
14.2. Plan Features
14.3. Service Limit:
14.4. Basis of loss settlement:
14.5. Mandatory Device related information for plan activation:
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):
14.9. Service Request process:
14.10. Customer Responsibilities:
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
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Xtracover Technologies Private Limited
A-1, 3rd Floor,FIEE Complex Okhla Industrial Area Phase-2 New Delhi South Delhi DL 110020
CIN : U74999DL2017PTC313555