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1.1 “Plan(s)” shall mean either or all of the Products & Services offered by OneAssist from time to time, which Products & Services may have add-on components or features, the terms and conditions of which have been set out in this document.
1.2. “Plan Fee” shall mean the fees charged by OneAssist from time to time for the Plan(s) availed by the Customer and set out in the respective Plan Terms. The Plan Fee is applicable for the respective duration of the plan as mentioned below. The Plan Fee is inclusive of all applicable taxes.
1.3.“Plan Terms” shall mean the specific terms and conditions separately provided with the Terms herein which shall be specifically applicable in relation to each Plan(s).
1.4. “Cancellation Period” shall mean the number of days from the date of activation of the Plan(s) within which the Customer may cancel the Plan(s) and obtain a full refund of the Plan Fee.
1.5. “Insurer” shall mean the third-party insurance company registered with the Insurance Regulatory and Development Authority of India, as OneAssist may partner with from time to time for the add-on benefit as may be applicable to the various Plans .
1.6. “Service Partner” means any third-party logistics service provider affiliated with OneAssist.
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 Brand Authorised Service Center used for carrying out repair/replacement of the damaged Product.
1.9.“Sum Insured” means the maximum cumulative liability or cover which a customer can claim within the membership tenure. Sum Insured will be equal to Purchase value as specified in the Original Invoice of the device.
1.10. “Balance Sum Insured” shall mean the Sum Insured less all the previous cumulative claim amount paid or settled prior to the respective claim. For e.g., Invoice value of the device is INR 1,00,000 and the cumulative claim amount paid or settled in all previous claims is INR 60,000, Balance Sum Insured will be INR 40,000. (Balance Sum Insured = Sum Insured – Cumulative previous claim amount)
2.1. These terms and conditions ("Terms") shall govern the transaction between OneAssist Consumer Solutions Private Limited ("OneAssist") and the party whose name appears on the Order ("Customer") in relation to the Plan(s) provided by OneAssist.
2.2. These general terms and conditions define the framework and the respective obligations of the parties.
2.3. Customer acknowledges the receipt of the Terms and the Plan Terms, as applicable and agrees to be fully bound by the Terms and the relevant Plan Terms. In the event, the Customer activates the protection plan by sharing device details or avails of any service or benefit under any of the Plan Terms, or lodges a claim within the term of the protection plan, the Customer shall be deemed to have accepted the Terms unconditionally.
3.1. Further, the Customer has and hereby consents to the use of the Personal Information by OneAssist for the purposes of providing the various services under the Plan(s) offered by OneAssist. OneAssist respects the privacy of the Customer and the confidentiality of Customer’s Personal Information so collected by OneAssist by itself or on its behalf and shall take all reasonable steps to protect it and maintain its confidentiality.
3.2. The Customer also hereby consents to the Personal Information being disclosed by OneAssist to any third party including any Insurer of OneAssist and or Service Partner of OneAssist who will be either providing the benefit and/or services on each of the Plan(s) for the purposes of fulfilment of the services or if required by law.
3.3. The Customer expressly and without limitation, consents to OneAssist or its Service Partners recording phone calls between the Customer and OneAssist on OneAssist’s helpline numbers set out in the relevant Plan Terms in order for OneAssist to inter alia (i) provide a record of the instructions received from the Customer and to share the same with the Service Partners, if required, (ii) allow itself or its Service Partners to monitor quality standards, (iii) training purposes, and (iv) meet legal and regulatory requirements.
3.4. The Customer acknowledges that OneAssist has the sole right to vary the features/benefits under the Plan(s) or the Plans or the amount or rate of the Plan Fee or part thereof, from time to time.
3.5. The Customer hereby provides his/her consent to OneAssist for appointing employees/collection agents to collect amounts payable to OneAssist, as may be considered necessary in the sole discretion of OneAssist and which shall be at the sole risk and cost of the Customer.
3.6. The Customer acknowledges that OneAssist may engage third parties including Service Partners for the fulfilment of the services and the Customer hereby consents to OneAssist disclosing, to the extent relevant, the Customer's Personal Information and/or details of Plan(s) availed by the Customer to inter alia (a) our affiliates Service Partners (b) to our suppliers, vendors, for the purposes of servicing the Customer.
3.7. The Customer hereby consents to OneAssist identifying any other service providers and/or products that may be of some interest to the Customer.
3.8. The Customer hereby consents to receiving period SMS / email communication from OneAssist of information pertaining to its product features / services.
4.1. OneAssist shall charge the Plan Fee from the Customer for availing of the Plan(s) from time to time and for the duration of the respective Plan. The Plan Fee shall be payable in advance and the Customer may make a one-time payment of the Plan Fee for the applicable period or authorize OneAssist with appropriate debit instructions to deduct the Plan Fee from the Customer’s bank or credit/debit card from time to time including applicable taxes and levies.
4.2. The Plan Fee(s) for the respective Plan(s) shall be as more particularly set out in the Plan Terms.
4.3. Activation of the Plan(s) is subject to realization/receipt of the Plan Fee by OneAssist. However, activation of the protection cover is subject to receipt of documents and Product related information as specified in the protection cover section hereunder.
5.1. The Customer acknowledges and understands that claim or payment of any benefit shall be at the sole discretion of One Assist and/or their Insurer
5.2. Any service requests or claims made by the Customer under these Terms and Plan Terms shall be subject to the following:
6.1. OneAssist will cancel the Terms and/or the Plan Terms if OneAssist does not receive the Plan Fee (all inclusive) on the date it is due.
6.2. OneAssist will cancel the plan if the information/documents, device details or images as stipulated in the plan, that may be required for the purpose of the protection cover activation is not made available within 15 days of purchase of the plan
6.3. OneAssist will cancel the Terms and/or the Plan Terms if the Customer has at any time:
6.4. Customer fails to return to OneAssist or its authorized Service Partner(s)any goods/devices temporarily lent to him/her which are to be returned/reimbursed/paid as per the terms of the Plan to OneAssist or to its authorized Service Partner.
6.5. If notice of termination is provided by the Customer within the Cancellation Period, a full refund is available. However, if the Customer has lodged a service request or a claim or availed of any benefit under any of the Plan Terms at any time during the Membership Period, no refund will be available. After the expiry of the Cancellation Period, for any cancellation by the Customer, OneAssist will not refund the Plan Fee.
The Below mentioned refund percentage is on Plan Fee.
Period | Refund Percentage |
---|---|
0-15 Days | 100% |
Above 15 Days | No Refund |
7.1. OneAssist shall make reasonable efforts to ensure that the Personal Information of the Customer is kept confidential and not disclosed to any third party except to the extent required for fulfilment of services.
8.1. 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.
9.1. If the Customer receives a benefit as contemplated under any specific Plan Terms and it is later discovered that the service request or a claim was dishonest, fraudulent or false, OneAssist shall have the right to and will take steps to recover from the Customer, such payment(s) made to the Customer, either by OneAssist or a third party, as the case may be.
9.2. The Customer undertakes that he/she shall strictly comply with the terms of usage contained in the Plan Terms in relation to the use of the Plan(s).
9.3. The Customer acknowledges, confirms and covenants that that the object of the Plan(s) being availed of or provided by OneAssist is not an ‘insurance product’ and that the Customer has availed of the Plan(s) in accordance with this understanding.
9.4. The Customer undertakes and covenants that he/she shall not use / make use of the Plan(s) to or in the course of usage of the Plan(s), upload, display, publish, update, disseminate or transmit content or information that:
10.1. OneAssist shall not be liable for any incidental, consequential, exemplary, special or indirect damages (including, but not limited to, loss of profits, revenues, data and/or use). OneAssist disclaims all implied warranties of merchantability, fitness for a particular purpose, and non-infringement. OneAssist’s total liability under the Terms and/or the relevant Plan Terms shall not exceed the Plan Fee.
11.1. The Customer hereby agrees to defend, indemnify and hold OneAssist and its officers, directors, employees and subcontractors harmless from any and all losses, damages, liabilities, verdicts, settlements, judgments, costs, and expenses (including reasonable attorneys' fees) incurred by OneAssist or its officers or employees arising out of:
11.2. This indemnity will survive the termination of the Terms and/or the Plan Terms and is in addition to and not in substitution of the other remedies and rights that OneAssist may have, either at law in the Terms and/or the Plan Terms
12.1. Any notice required under the Terms and/or the relevant Plan Terms must be in writing and must be either (a) delivered in person, (b) sent by first class registered mail, or air mail, as appropriate, or (c) sent by overnight courier, in each case properly posted and fully prepaid to the appropriate address set forth herein.
OneAssist Consumer Solutions Pvt Ltd
PO Box No. 7431, Marol Bazar Post Office,
18, Military Rd, Sankasth Pada Welfare Society, Shivaji Nagar JJC,
Marol, Andheri East,
Mumbai, Maharashtra 400059
13.1. The Terms will inure to the benefit of the legal successors of OneAssist. Other than as stated above, no assignment of the Terms is possible.
13.2. OneAssist will not incur any liability to the other party on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control and without negligence of the parties. Such events, occurrences, or causes will include, without limitation, acts of God, bandhs, riots, acts of war, natural disaster, fire and explosions, or any other events reasonably beyond the control of either party.
13.3. OneAssist reserves the right to amend the Terms and/or the Plan Terms and/or the features or pricing of the Plans. Upon such amendment, such terms will become applicable immediately and will be intimated to the Customer in due course. If the Customer does not accept the amendment of the Terms and/or the Plan Terms, he shall have the right to terminate Terms and the Plan Terms with appropriate notice as may be specified in Clause 6. The alteration of the Terms and/or the Plan Terms shall be deemed accepted where the Customer continues to use the services available under the Terms and/or the Plan Terms one (1) month after the amendment has taken effect.
13.4. The Terms along with the relevant Plan Terms constitutes the entire agreement between the parties with respect and in relation to the Plan (including any modification or amendment thereto) subscribed or availed of by the Customer and supersedes all previous communications, representations, understandings and agreements, either oral or written.
13.5. The Agreement shall be governed by the laws of the Republic of India.
13.6. All disputes arising in connection with the Terms and/or the respective Plan Term(s) shall be finally settled by arbitration pursuant to the rules of the Arbitration and Conciliation Act, 1996, by one arbitrator appointed in accordance with the said Rules. The seat of arbitration shall be Mumbai. The language of the arbitration proceedings shall be English. The decision of the arbitrator shall be final and binding on the parties.
14.OneAssist for Laptop – Service Description and Terms & Conditions
Note: The terms contained herein are specific terms and conditions and should be read in conjunction with the specific features of the product purchased by you as mentioned in the Welcome Letter kit/welcome email. These conditions are in addition to and not in derogation of the standard terms andconditions.
The definitions as set out herein are in addition to the definitions as set out in the General Terms.
15.1. "Device” shall mean the Laptopdevice of the Customer. The Customer can only avail of the Laptop Assist package in relation to one Laptop, i.e., one Plan per Laptop.
15.2. “Extended Warranty Cover (EW)” shall meancover for the device for any covered inherent mechanical and electrical breakdown/defects to the extent provided by the manufacturer’s warranty for devices manufactured in India or is legally imported in India & sold through official Channels supported by an invoice & Manufacturer’s Warranty/Guarantee.
15.3. “Event” or “Claim Event” shall mean every instance where customer registers a claim which is admissible in nature, and successfully settled by One Assist and/or their Insurer resulting either in repair or replacement.
16.1. One Call to OneAssist
17.1. Device which is declared for Protection with OneAssist and/or their Insurer for a period of protection cover of 12 or 24 months (as per plan selected) from the date of OneAssist Coverage start date.
17.2. Used, Refurbished and Second-hand devices are not covered under this Plan.
18.1. OneAssist plan can be purchased within 330 days from Device Purchase date.
18.2. Device purchased in INDIA only through manufacturer or manufacturer assigned legal channel will be eligible under the Protection Cover.
19.1. Extended Warranty (EW)coverage will start from the next day after completion of Manufacturer’s Warranty and will continue for 12 or 24 months (as per plan selected) from EW service start date.
21.1. BER is the cost of repair or replacement equal to or more than 80% of Balance Sum Insured or Invoice Value whichever is lower. 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, OneAssist at their 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.
22.1. Excess Charges -:No Excess fee to be charged in this program for any claim.
22.2. Depreciation -: Depreciationis reduction in the monetary value of the device over the time due to use, wear and tear, or obsolescence. Applicable only in case of Total loss or BER
Age of the device at the time of claim | Depreciation % |
---|---|
12 months to 24 months | 15% |
24 months to 36 months | 30% |
22.3. Salvage -: OneAssist and / or their Insurer, upon settling the claim of admission of liability for the claim, be entitled: on the happening of loss or Damage to the covered device (in case of total loss / BER), to take and keep possession of the device damaged / recovered and to deal with the salvage in a reasonable manner or as per the below mention grid
Laptop Invoice value (in INR) | Salvage (in INR) |
---|---|
Up to 30,000 | 750 |
30,001 to 50,000 | 1500 |
50,001 to 75,000 | 2000 |
Above 75,000 | 2500 |
23.1. Covered Beneficiary means the buyer of the OneAssist product, who has opted for the One Assist Plan and has got the same activated, as per the terms and conditions stated herein and the details of which are intimated to One Assist under the Declaration. Where the subscriber 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 Beneficiary and/or where such subscriber is a corporate entity, Beneficiary shall mean any representative/employee of the subscriber who is authorized by the subscriber to use the Covered Gadget.
23.2. In the event of the death of beneficiary, his/her legal heir can claim for the losses to the damage devices and the membership seizes henceforth.
24.1. Devices purchased abroad stand excluded. Damages to the device happening out of India stands covered as long as the intimation of loss is within the stipulated period and the repairs are carried out in India by OneAssist through their network.
25.1. In case of Repair or Replacement, the maximum liability will be the repair amount or Balance Sum Insured whichever is lower, in any case the maximum liability shall not exceed the Balance Sum Insured.
25.2. In case of the Total Loss or Beyond economical repairs (BER) to protected device, shall be settled at Balance Sum Insured or Invoice Value or Market value whichever is lower, or as otherwise specified, after charging the depreciation and excess charges (as applicable) as per the depreciation chart and in no case, liability will be more than the Balance Sum insured.
26.1. It is mandatory for the Customer to provide the following device related information to OneAssist for the purpose of activating protection cover and also for Transferring the membership to new or Replaced device as per the above mention 'Transfer of Policy" clause.
26.2. Whereas OneAssist 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 OneAssist. OneAssist will be able to activate the protection cover on the said device only after receiving the above-mentioned information. In case of non-receipt of the above-mentioned information, any claim on the said Device may be declined by the OneAssist and /or their insurer.
26.3. 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 claim may not be admissible. OneAssist and /or their insurer reserves the right to cancel the Customer’s Plan or deny the claim in absence of valid photos of devices.
26.4. 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. OneAssist may return the damaged device unrepaired in case Apple ID is not deactivated.
OneAssist and /or their insurer shall not be liable for the following, unless specified otherwise:
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 the terms, the burden of proving that such loss or damage is covered shall be upon the covered member.
28.1. Documents &Pre-requisite for claim processing:
28.2.8. Service Partner will submit the Device at the Service Center for repairs; get an estimate for repairs along with the tentative timelines for repairs with 48 hours of submitting Device to the Service Center.
28.2.9. On receipt of approval from OneAssist and /or their insurer, OneAssist will communicate the amount of approval to the customer:
28.2.10. If the repair estimate is more than Rs. 20,000/-, then OneAssist and /or their insurer may arrange for a surveyor visit. OneAssist will co - ordinate with the Customer for such visit. Basis the Surveyor report, OneAssist will co-ordinate with third party for the approval of the repair estimate and inform the customer on the status of the repair claim.
28.2.11. On confirmation of repair of the Device by the Service Center, OneAssist will instruct its Service Partner to collect the same from the Service Center and deliver it to the customer with an acknowledgement from the customer the delivery of repair device will also happen as per the Pickup scenario mentioned above.
In case fault occurs in repaired Device due to defective repair, OneAssist will arrange pick-up for retreat such Device subject to following conditions:
29.1. Customer shall intimate FWR to OneAssist within 48 hours form receipt of Device.
29.2. Device is in the same condition in which it was delivered with no further/ additional damages.
29.3. Notice of claim, The Customer do the following -:
30.1. ALL COMPLETED CLAIM DOCUMENTS TO BE SUBMITTED WITHIN 7 DAYS
30.2. Pickup for pincodes serviced by Service Partner: Post successful verification of documents, pickup will be scheduled for customer within 24 hours. Three physical/calling attempts will be made to pick up the Device. In case these attempts have failed then an email will be sent to customer requesting pickup to be scheduled within 48 hours. In case the pickup is not successful despite such multiple attempts, OneAssist reserves the right to close the service request.
30.3. Pincodes not serviced by Service Partner: For pincodes not serviced by Service Partners, OneAssist will inform the customer about the location for shipping the Device. Customer will need to ship the device and provide the courier details when requested. One Assist and / or their insurer reserve the right to close such claims where the device is not received for survey/investigation despite of regular follow-up and reminders
30.4. During the damage assessment for all Apple Devices the customer needs to switch off the Find My iPhone feature and for all Mi Devices the customer needs to logout/deactivate the Mi account. If the FMIP is on or Mi account is not deactivated at the time of receipt at Service Centre then three attempts will be made to connect with the customer to deactivate the FMIP. In case of failure to do so an email will be triggered to the customer to action the same in 72 hours. In case the customer fails to do so then OneAssist reserves the right to close the claim without any further intimation.
30.5. Device repairs turnaround time is based on availability of spare parts at the Service Centre. In case of unavailability of parts, One Assist and / or their insurer reserves the right to propose a commercial settlement to the customer. In case of a commercial settlement, consent letter will be sent to the customer on his/her registered email address. In case the customer does not provide his/her consent to commercial settlement and dispatch the physical letter with signature within 3 days of receipt of the email communication then OneAssist reserves the right to dispatch the unrepaired device back to the customer without any further intimation, and close the servicing request.
30.6. In line with the terms and conditions of the plan, the customer is required to pay excess (as applicable) charges towards processing of the device claim. A link/ App intimation/Email will be sent to the customer to make the payment. The customer will need to make the payment in 5 days. In case the customer fails to do so OneAssist reserves the right to dispatch the unrepaired device back to the customer, and close the servicing request without any further intimation. In case of certain OEMs, a revised estimate is received from the Service Centre. In these cases, additional excess charges (as applicable) will be applied. The policy for excess (as applicable) will also apply to these payments.
30.7. All communications by OneAssist employees/vendor employees/partner employees/ representatives with the customer will be done at the registered email address/mobile number. In case the customer is non contactable then a total of 6 attempts will be made. If the customer is not contactable despite such multiple attempts, an email will be to the customer for action within 48 hours. In case the customer fails to respond within the timeline then OneAssist reserves the right to close the service request.
30.8. OneAssist or any of their executives / employees will never contact customer for any OTP / CVV / Card / Personal financial details
For avoidance of doubt, In the event of the covered device being lost or destroyed by the operation of covered perils, the liability of One Assist and / or their insurer shall be limited to the Invoice value or Market value or Sum Insured whichever is lower subject to depreciation as applicable.
All notices required to be given by the Customer to OneAssist must be in writing, addressed to OneAssist and no alteration in the terms of the Plan or any endorsement thereon will be held valid unless the same is signed or initialled by an authorized representative of OneAssist and/ or their insurer.
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.
Any disputes or differences under this policy shall be subject to the exclusive jurisdiction of Courts in Mumbai, India.
No sums payable under this Plan shall carry interest other than that is permitted by the applicable law and regulatory framework applicable to such plans.
The due observance and fulfilment of the terms and conditions and endorsements of the Planin so far as they are relating to anything to be done or complied with by the customer shall be condition precedent to any liability of the OneAssist and/or their insurer to make any payment under the Plan.