Terms & Conditions

 

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:

  1. 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
  2. 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,
  3. iii. The Customer having provided XtraCover with full and accurate information in connection with the services plan, as applicable
  4. The Customer having acted in a bona fide manner to make a service request
  5. The Customer having complied with the requirements of the service plan for the purposes of processing the service request
  6. Service request form duly filled submitted by the Customer
  7. vii. Invoice copy
  8. viii. Govt. issued ID proof.
  9. 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:

  1. Agreed to help any third party to try to fraudulently or dishonestly obtain money from XtraCover
  2. Is in violation of applicable law as may be relevant to the use of the Plan(s); or
  3. 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
  4. 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:

  1. At the closing hours of the coverage end date.
  2. We replace your product or offer you a monetary settlement in lieu of the same, whichever happens earlier.

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:

  1. Belongs to another person and to which the user does not have any right to or which is confidential;
  2. 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;
  3. Harm minors in any way;
  4. Infringes any patent, trademark, copyright or other proprietary rights;
  5. Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  6. Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or
  7. 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:

  1. Any wrongful act or omission of the Customer in relation to the usage of the Plan(s);
  2. Any willful misconduct, gross negligence or fraud by the Customer;
  3. Any failure of the Customer to comply with the applicable law;
  4. Any breach of the representations, warranties, obligations and covenants of the Customer or a default of the Customer’s obligations; and
  5. 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. 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

  1. The definitions as set out herein are in addition to the definitions as set out in the General Terms
  2. “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
  3. “SMS” shall mean short message service
  4. “Telecom Service Provider” shall mean the telecom service provider who provides the Customer with the SIM Card and Mobile Phone connection
  5. “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
  6. “Official Channel” shall mean Manufacturer, Manufacturer Subsidiary Company, XtraCover Authorized Retailer/Dealer/Distributor, Authorized Service Partners, Online Retail channel and XtraCover official website & apps
  7. “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
  8. “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
  9. “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
  10. “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
  11. “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
  12. You, Your: The person to home we are issuing RW plan. 

14.2. Coverage:

  1. 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.
  2. 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
  3. 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

  1. You must be at least 18 years old on the date of purchase of RW Plan
  2. 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.
  3. At point of service, during the RW plan duration, the customer is required to show the proof of purchase i.e. Device purchase invoice
  4. XtraCover reserves the right to deny service and cancel the RW Plan without any refund whatsoever, if Customer fails to produce the above information
  5. 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
  6. Normal working hours would be 9:00 am to 6:00 pm on all days excluding public holidays
  7. 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.
  8. 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
  9. 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.
  10. 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
  11. All the documents should reach XtraCover within 30 days of your first intimating the service request to us.
  12. 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
  13. 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
  14. 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
  15. All defective components replaced by XtraCover shall become the property of XtraCover and the customer shall not claim any right to the same
  16. Defects and/or Parts not covered under the original manufacturer’s warranty, will not be covered under RW Plan
  17. 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
  18. 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
  19. 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
  20. 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

  1. Mobile Phones, Laptops, Tablets, Television, Air Condition, Refrigerator, Washing Machine, Microwave, Water Heater, Kitchen Appliances, etc.
  2. 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

  1. In the event of your Device requiring repair, XtraCover will undertake to get your Device  repaired
  2. 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:
    1. 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
    2. 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
    3. 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
  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 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:

  1. 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.
  2. 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.
  3. 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
  4. The plan will get terminated immediately for the covered device for all such cases
  5. Depreciation Chart: Applicable only for Total Loss / BER cases –
  6. 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:

  1. 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)
  2. 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.
  3. 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

  1. Any problems or defects not covered by manufacturer’s warranty
  2. Service of Devices which are not supported by valid Proof of Purchase by customer shall not be admissible under the policy
  3. Non-operating and cosmetic damage to the Device , such as damage to paintwork, Product finish, dents or scratches
  4. 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
  5. Normal wear and tear items, not integral or necessary to the functioning of the Devices or routine service
  6. Routine maintenance, cleaning, lubrication, adjustments or alignments, overhaul, modifications and descaling
  7. 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
  8. Damage resulting from power outage, power surges or drips, fluctuating voltage, inadequate or improper voltage or current
  9. 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
  10. 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
  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, pandemic, animal or insect infestation or intrusion
  12. Reception or transmission problems resulting from external causes
  13. Problems or defects caused by unauthorized modifications/repairs or failure to follow the manufacturer’s operating manual
  14. Any Incidental Costs arising from being unable to use the Device or from damage which results from the Breakdown of the Device
  15. Damage/failure caused before or during Transportation or Device delivery
  16. Service of Device on which the Manufacturer’s label or logo, rating label or Serial number have been defaced or removed
  17. 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
  18. 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
  19. Use of accessories not approved by the manufacturer, incorrect electrical leads or connection
  20. Replacement or fixes of unauthorized software not installed by respective brand/company
  21. Failure due to physical damages, improper site conditions, rain or weather conditions liquid spillage, damage caused by rodents or pests
  22. Breakdown caused by computer virus or realignments to the Device
  23. Commercial usage of appliances in cases where service contract is of retail nature
  24. Damage/failure caused before or during Device delivery
  25. Any consequential or incidental damages arising from the use or loss of use of the Device
  26. The cost of repairing, restoring computer software
  27. Loss of data, software or any other information

14.11 Service Request process:

  1. 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
  2. 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
  3. XtraCover team registers the service request and acknowledges the service request with SR no. to the customer over SMS
  4. 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:

  1. 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
  2. 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
  3. You are required to check that the invoice provided by your seller mentions the Device details accurately and mentions the RW Plan.
  4. 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
  5. 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
  6. You agree to return the defective spares or Device to XtraCover wherever requested
  7. 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
  8. Customer shall provide representative of XtraCover/its service provider full access to the Equipment/Device in order to effect necessary adjustments and repairs
  9. 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
  10. 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
  11. 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
  12. Customer shall register all complaints/requests for Services only through official XtraCover Call Center/XtraCover App/XtraCover website
  13. Customer shall comply with all applicable laws, rules and regulations
  14. 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
  15. 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
  16. 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
  17. The Customer understands that the Services have been subscribed on his/her own name and name change in any circumstances is not permitted
  18. Customer shall not assign any right or interest or delegate any obligation arising herein to any person without XtraCover‘s prior written consent
  19. The Customer is solely responsible for any unauthorized transfer/change in ownership of the Device
  20. 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

 

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:

  1. 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
  2. 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
  3. The Customer having provided XtraCover with full and accurate information in connection with the services plan, as applicable
  4. The Customer having acted in a bona fide manner to make a service request
  5. The Customer having complied with the requirements of the service plan for the purposes of processing the service request
  6. Service request form duly filled & submitted by the Customer
  7. Invoice copy
  8. Govt. issued ID proof
  9. 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:

  1. Agreed to help any third party to try to fraudulently or dishonestly obtain money from XtraCover
  2. Is in violation of applicable law as may be relevant to the use of the Plan(s); or
  3. 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
  4. 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.

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:

  1. At the closing hours of the coverage end date.
  2. 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:

  1. Belongs to another person and to which the user does not have any right to or which is confidential;
  2. 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;
  3. Harm minors in any way;
  4. Infringes any patent, trademark, copyright or other proprietary rights;
  5. Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  6. Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or
  7. 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:

  1. Any wrongful act or omission of the Customer in relation to the usage of the Plan(s);
  2. Any willful misconduct, gross negligence or fraud by the Customer;
  3. Any failure of the Customer to comply with the applicable law;
  4. Any breach of the representations, warranties, obligations and covenants of the Customer or a default of the Customer’s obligations; and
  5. 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. 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

  1. The definitions as set out herein are in addition to the definitions as set out in the General Terms
  2. “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
  3. “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
  4. “SMS” shall mean short message service
  5. “Telecom Service Provider” shall mean the telecom service provider who provides the Customer with the SIM Card and Mobile Phone connection
  6. “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
  7. “Official Channel” shall mean Manufacturer, Manufacturer Subsidiary Company, XtraCover Authorized Retailer/Dealer/Distributor, Authorized Service Partners, Online Retail channel and XtraCover official website & apps
  8. “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
  9. “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
  10. “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
  11. “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
  12. “Onsite Repairs” shall mean the repair engineer will visit the premises where the Device has been installed to provide the repair services
  13. “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
  14. “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
  15. “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
  16. “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.
  17. We, Us, Our: The issuer of Extended Warranty Plan i.e. XtraCover
  18. You, Your: The person to whom we are issuing Extended Warranty Planx

14.2. Coverage:

  1. 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
  2. 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
  3. 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

  1. You must be at least 18 years old on the date of purchase of Extended Warranty Plan
  2. Extended Warranty Plan is limited to Devices that are purchased in select cities within defined geographic boundary of the Republic of India.
  3. Extended Warranty Plan only applies to items purchased as new. There is no cover for items described as ‘used’, ‘second hand’ or ‘refurbished’
  4. 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
  5. 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
  6. Extended Warranty Plan should be purchased and activated within 180 (one hundred eighty) days of date of purchase of Device
  7. 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
  8. 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
  9. 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
  10. 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
  11. 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
  12. 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
  13. Normal working hours would be 9:00 am to 6:00 pm on all days excluding public holidays
  14. 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
  15. 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
  16. 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.
  17. 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
  18. All the documents should reach XtraCover within 30 days of your first intimating the service request to us.
  19. 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
  20. 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
  21. 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
  22. All defective components replaced by XtraCover shall become the property of XtraCover and the customer shall not claim any right to the same
  23. Defects and/or Parts not covered under the original manufacturer’s warranty, will not be covered under Extended Warranty Plan
  24. 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
  25. 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
  26. 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
  27. 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

  1. Mobile Phones, Laptops, Tablets, Television, Air Condition, Refrigerator, Washing Machine, Microwave, Water Heater, Kitchen Appliances, etc.
  2. 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.
  3. Used, Refurbished and Second-hand devices are not covered under this service plan

14.5. Service Assurance for Qualifying Brands

  1. In the event of your Device requiring repair, XtraCover will undertake to get your Device repaired
  2. 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:
    1. 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
    2. 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
    3. 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
  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 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:

    1. 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.
    2. 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.
    3. 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
    4. The plan will get terminated immediately for the covered device for all such cases
    5. 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%

  1. 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:

  1. 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 / Aadhaar Card / Driving License)
  2. 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.
  3. 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
  4. 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

  1. Any problems or defects not covered by manufacturer’s warranty
  2. Service of Devices which are not supported by valid Proof of Purchase by customer shall not be admissible under the policy
  3. Non-operating and cosmetic damage to the Device, such as damage to paintwork, Device finish, dents or scratches
  4. 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
  5. Normal wear and tear items, not integral or necessary to the functioning of the Devices or routine service
  6. Routine maintenance, cleaning, lubrication, adjustments or alignments, overhaul, modifications and descaling
  7. 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
  8. Damage resulting from power outage, power surges or drips, fluctuating voltage, inadequate or improper voltage or current
  9. 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
  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 Devices shall result in the cancellation of this Plan
  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, pandemic, animal or insect infestation or intrusion
  12. Reception or transmission problems resulting from external causes
  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
  14. Any Incidental Costs arising from being unable to use the Device or from damage which results from the Breakdown of the Device
  15. Damage/failure caused before or during Transportation or Device delivery
  16. Service of Device on which the Manufacturer’s label or logo, rating label or Serial number have been defaced or removed
  17. 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
  18. 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
  19. Use of accessories not approved by the manufacturer, incorrect electrical leads or connection
  20. Replacement or fixes of unauthorised software not installed by respective brand/company
  21. Failure due to physical damages, improper site conditions, rain or weather conditions, and liquid spillage, damage caused by rodents or pests
  22. Breakdown caused by computer virus or realignments to the Device
  23. Commercial usage of appliances in cases where service contract is of retail nature
  24. Damage/failure caused before or during Device delivery
  25. Any consequential or incidental damages arising from the use or loss of use of the Device
  26. The cost of repairing, restoring computer software
  27. Loss of data, software or any other information

14.11 Service Request process:

  1. 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
  2. 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
  3. XtraCover team registers the service request and acknowledges the service request with SR no. to the customer over SMS
  4. 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:

  1. 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
  2. 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
  3. You are required to correctly select the right Extended Warranty Plan for your Device based on condition, price and purchase location
  4. 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
  5. 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
  6. You agree to return the defective spares or Device to XtraCover wherever requested
  7. 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
  8. Customer shall provide representative of XtraCover/its service provider full access to the Device/Equipment in order to effect necessary adjustments and repairs
  9. 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
  10. 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
  11. 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
  12. Customer shall register all complaints/requests for Services only through official XtraCover Call Center/XtraCover App/XtraCover website
  13. Customer shall comply with all applicable laws, rules and regulations
  14. 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
  15. 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
  16. 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
  17. The Customer understands that the Services have been subscribed on his/her own name and name change in any circumstances is not permitted
  18. Customer shall not assign any right or interest or delegate any obligation arising herein to any person without XtraCover's prior written consent
  19. The Customer is solely responsible for any unauthorized transfer/change in ownership of the Device/Equipment
  20. 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

 

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:

  1. 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
  2. The Customer having provided XtraCover with full and accurate information in connection with the services plan, as applicable
  3. The Customer having acted in a bona fide manner to make a service request
  4. The Customer having complied with the requirements of the service plan for the purposes of processing the service request
  5. Service request form duly filled & submitted by the Customer
  6. Invoice copy
  7. Any other document or evidence as may be required by XtraCover
  8. 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:

  1. Agreed to help any third party to try to fraudulently or dishonestly obtain money from XtraCover
  2. Is in violation of applicable law as may be relevant to the use of the Plan(s); or
  3. 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
  4. 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.

  1. 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:

  1. Belongs to another person and to which the user does not have any right to or which is confidential;
  2. 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;
  3. Harm minors in any way;
  4. Infringes any patent, trademark, copyright or other proprietary rights;
  5. Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  6. Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or
  7. 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:

  1. Any wrongful act or omission of the Customer in relation to the usage of the Plan(s);
  2. Any willful misconduct, gross negligence or fraud by the Customer;
  3. Any failure of the Customer to comply with the applicable law;
  4. Any breach of the representations, warranties, obligations and covenants of the Customer or a default of the Customer’s obligations; and
  5. 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. 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

  1. The definitions as set out herein are in addition to the definitions as set out in the General Terms
  2. “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
  3. “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
  4. “SMS” shall mean short message service
  5. “Telecom Service Provider” shall mean the telecom service provider who provides the Customer with the SIM Card and Mobile Phone connection
  6. 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.
  7. “Official Channel” shall mean Manufacturer, Manufacturer Subsidiary Company, XtraCover Authorized Retailer/Dealer/Distributor, Authorized Service Partners, Online Retail channel and XtraCover official website & apps
  8. “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
  9. “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
  10. “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
  11. “Onsite Repairs” shall mean the repair engineer will visit the premises where the Device has been installed to provide the repair services
  12. “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
  13. “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
  14. “ADLDP or SDP Plan “shall be for a period of 1 year starting from the date of Purchase of the Device
  15. “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..
  16. We, Us, Our: The issuer of ADLDP/SDP Plan i.e. XtraCover
  17. You, Your: The person to whom we are issuing ADLDP/SDP Plan

14.2. Plan Features

  1. 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.
  2. 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.
  3. 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.
  4. Used, Refurbished and Second-hand devices are not covered under this service plan.

14.3. Service Limit:

  1. Liability would be restricted to the “Invoice Value” or “Market value”, or the “Actual repair cost” whichever is lower
  2. 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
  3. 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
  4. 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
  5. 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
  6. Covered Amount: cost of equipment only as per purchase invoice or covered amount as per XtraCover plan selected by the customer
  7. Geographic limit – India. Handsets purchased abroad stand excluded. Loss/damage happening in India are only covered
  8. 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:

  1. 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
  2. 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
  3. 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
  4. The plan will get terminated immediately for the covered device for all such cases
  5. Depreciation Chart: Applicable only for Total Loss / BER cases –

14.5. Mandatory Device related information for plan activation:

  1. It is mandatory for the Customer to provide the following device related information to XtraCover for the purpose of activating plan
  2. Customer Name,2. Address,3. Landmark,4. PIN Code,5. Email ID,6. Contact Number,7. Brand name,8. Model no.
  3. 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)
  4. 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):

  1. Loss or damage to the Device due to mysterious circumstances / disappearance or unexplained reasons
  2. Loss of Device resulting from or caused by theft, or attempted theft from unlocked vehicles or rooms
  3. Fraud or criminal activity on the part of the Customer
  4. Service request on device during the hire or loan of the covered device to a third party
  5. Loss resulting from detention or confiscation by customs or other Government or public authorities
  6. 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
  7. 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
  8. 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
  9. Consequential loss of any kind or description
  10. Liability to any party of any nature including but not limited to liability of Authorised Service center to other parties
  11. 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
  12. 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
  13. Loss or damage that is covered by a supplier, dealer or factory warranty
  14. Any loss if the ownership of the gadget is transferred
  15. 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
  16. 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
  17. 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
  18. Any type of self-repair or attempted self-repair
  19. Mechanical or Electrical Breakdown or electronic derangement or malfunction unless caused by an external accidental means or liquid
  20. Penalties of delay or detention or in connection with guarantees of performance or efficiency
  21. Intentional overloading of the instrument. Loss or damage due to any experiments or tests and/or alterations resulting into any abnormal conditions
  22. Cost of Replacement of Battery unless caused by an accidental or liquid damage to the Device
  23. 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
  24. Any manufacturing defect which is covered under Manufacturer's Warranty Device defects whether latent / inherent or not
  25. Any loss of or damage to the SIM card / memory card unless caused by a covered peril
  26. Loss or damage to accessories unless they are attached to the Device
  27. 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
  28. Any instance where you are not a resident of India at the time that the Damage occurred
  29. Any type of SIM / airtime misuse or consequential loss thereof
  30. Cost to the Customer for:
    1. Any Damage caused by any deliberate act or negligence by the Customer(s), their employees or any person using the device with their permission;
    2. Costs or charges when replacing car kits or car Devices and other accessories which can no longer be used with the Device;
    3. Costs caused by the Device being routinely serviced, inspected, adjusted or cleaned;
  31. Any loss related to indemnification for the Value-added services, if any
  32. 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
  33. 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
  34. 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
  35. Scratching, denting. Cracking is excluded unless caused by accidental external means
  36. 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
  37. 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
  38. 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
  39. SIM used in the damaged/theft device is in the name of person other than Customer or his/her spouse/parents and legitimate children
  40. 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:

  1. This refers to loss to customer’s Device due to accidental / liquid damage
  2. 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.comwithin 48 hours of discovering the damage. If customer has not activated the Plan, he is advised to do the same before availing the Service.
  3. XtraCover team registers the service request and acknowledges the service request with SR no. to the customer over email and SMS
  4. XtraCover will trigger request to its Logistics Partner for collecting the Device from the Customer, if required
  5. Logistics Partner will fix an appointment with the customer for collecting the damaged device

14.10. Customer Responsibilities:

  1. 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

 

Need any help?

Contact Us

    Xtracover Technologies Private Limited

    A-1, 3rd Floor,FIEE Complex Okhla Industrial Area     Phase-2 New Delhi South Delhi DL 110020
    CIN : U74999DL2017PTC313555