1.1 “Plan(s)” shall mean either or all of the products/ services package offered by OneAssist from time to time, which products/services may have add on components or features, details of which are mentioned in the Welcome letter kit / Welcome email.
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 terms and conditions separately provided with the Terms herein which shall be specifically applicable in relation to each Plan(s).
1.4 “Free Look-In 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 refund of the Plan Fee.
1.5 “Insurer” shall mean the third party insurance provider 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 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.
2.1 These terms and conditions (“Terms”) shall govern the transaction between OneAssist Consumer Solutions Private Limited (“OneAssist”) and the party whose name appears on the Order (“Customer”) in relation to the Plan(s) provided by OneAssist.
2.2 These general terms and conditions define the framework and the respective obligations of the parties. Specific terms and conditions relating to the specific Plan(s) that has been availed or subscribed to by the Customer supplementing or derogating from these general terms and conditions may be agreed to in the Plan Terms in writing which shall be annexed to this Terms.
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 avails of any benefit under any of the Plan Terms or lodges a claim within the term of the Policy, 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, Service Partner of OneAssist who will be either providing the add-on insurance or other benefit and/or services on each of the Plan(s) for the purposes of fulfillment 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 the 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 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 fulfillment 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 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) and the Insurance Fee for the respective Plan(s) shall be as more particularly set out in the Plan Terms.
4.3 Activation of OneAssist Plan(s) is subject to realization/receipt of the Plan Fee. However, activation of Insurance cover is subject to receipt of documents and device related information as specified in the Insurance cover section hereunder.
5.1 The Customer acknowledges and understands that claim or payment of any benefit covered by an add-on group insurance cover shall be at the sole discretion of the Insurer and OneAssist shall only provide assistance in facilitation of the claim by liaising with the Insurer.
5.2 Any claims made by the Customer under these Terms and Plan Terms shall be subject to the following:
5.3 Notwithstanding anything contained hereinabove, OneAssist shall not be obliged to entertain any claim from the Customer unless (i) the Customer is over the age of 18 years and a resident of India, and (ii) the Plan Fee up to the date of claim has been paid.
6.1 OneAssist will cancel the Terms and/or the Plan Terms if OneAssist does not receive the Plan Fee (all inclusive) on the date it is due.
6.2 OneAssist will cancel the Terms and/or the Plan Terms if the Customer has at any time:
6.3 If notice of termination is provided by the Customer within the Free Look-In Period, a full refund is available. After the expiry of the Free Look-In Period, for any cancellation by the Customer, OneAssist will not refund the Plan Fee. However, if the Customer has lodged a claim or availed of any benefit under any of the Plan Ters at any time during the Free Look-In Period, no refund will be available.
|Above 30 Da||No Refund|
The above refund percentage is on Plan Fee.
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 fulfillment 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 claim was dishonest, fraudulent or false, OneAssist 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 the object of the Plan(s) being availed of or provided by OneAssist is not an ‘insurance product’ but insurance is merely an add-on feature of the Plan(s) on a group insurance basis 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.
10.2 In case of a claim under the add-on group insurance benefit provided with the Plan(s), OneAssist’s role in discharging its obligations hereunder shall be that of a mere facilitator, and OneAssist is not and shall not be liable to the Customer for any claim, loss, damage, or compensation caused in relation to or arising from or in connection with the group insurance policy. Customer further agrees that Insurance claim settlement is purely at the discretion of the Insurance Company and OneAssist will in no way be liable in the incident of decline / rejection of any Customer claims.
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
P O Box No. 7417, J B Nagar Post Office J B Nagar, Andheri (E)
Mumbai – 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 service 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.
Extended Warranty for Mobile/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 and conditions.
The definitions as set out herein are in addition to the definitions as set out in the General Terms.
“Group Insurance Policy” means the group insurance policy issued by the Insurer to OneAssist, for the benefit of the beneficiaries, all being the customers of OneAssist.
“Device” shall mean the mobile phone device OR Laptop device of the Customer. The Customer can only avail of the Extended Warranty package in relation to one Mobile Phone OR One Laptop, i.e. one Plan per Mobile Phone OR one plan per Laptop Device.
“Official Channels” –Manufacturer, Manufacturer’s subsidiary company, Authorized dealer/ Distributor appointed by the Manufacturer or its subsidiary located within India.
“Normal Operating Condition” –Ability of the product to perform its specified function subject to the acceptable level of change in performance due to aging or climatic conditions. The acceptable level of change for this purpose will be as per the respective Manufacturer’s specifications.
“Normal Use” –Use of the product in accordance with the manufacturers guidelines for product usage including but not limited to regular maintenance & upkeep of the product, Usage of specified protection devices such as voltage stabilizers.
“Breakdown” – means the mechanical and/or electrical defects and / or failure of a product that cause it to not function in its intended manner.
“Covered Breakdown” –Breakdown covered by the Manufacturer’s Warranty / Guarantee during the Manufacturer’s Warranty / Guarantee period. The covered breakdown will vary for each product in accordance with the Manufacturer’s Warranty / Guarantee for the said product.
“Manufacturer’s Warranty / Guarantee” –The original warranty / guarantee given by the respective manufacturer in respect of a product.
“Manufacturer’s Warranty / Guarantee Period” –The uninterrupted period of the manufacturer’s Warranty / Guarantee cover as stated on the original official Manufacturer’s Warranty / Guarantee certificate or publication.
2.1 Device is manufactured in India or is legally imported in India & sold through Official Channels supported by an invoice & Manufacturer’s Warranty / Guarantee.
2.2 Device is purchased new from the manufacturers authorized dealer / distributor and is supported by Manufacturer’s Warranty / Guarantee of not less than 12 months and not exceeding 24 month
2.3 Device should not be more than 90 Days of its purchase date during the time of activating Extended Warranty plan
2.4 The Extended Warranty plan is valid only in India on Device which are purchased and repaired within India.
A. One Call to OneAssist
C. Extended Warranty Insurance Cover:
OneAssist as a Group Manager on behalf of its customers has arranged an Insurance cover with a leading Insurance Company Limited. The Policy shall be valid for a period of 12 months from your Manufacturer Warranty expiry date subject to the terms mentioned below.
OneAssist is only the holder of the policy and the Customer shall be the beneficiary in the event of a claim. It may be noted that OneAssist shall only facilitate the registering and processing of the claim with the Insurance Company.
Claim settlement shall be at the sole discretion of the insurance company and OneAssist shall in no way be liable for the decline / rejection of any Customer claims.
Brand new mobile/Laptop devices provided by OneAssist which is declared for Insurance and insured with the Insurance Company for a period of 12 months from the date of Expiry of Manufacturer Warranty.
Mobile/Laptop devices up to maximum 90 Days old will be considered under this policy
The coverage is for cost of parts and labor in respect of the covered Product for 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.
Coverage for Extended Warranty commences on expiration of Manufacturer’s Original Warranty for the period 12 Months. The policy provides coverage for cost of parts and labor in respect of the covered device for covered inherent mechanical and electrical breakdown/defects to the extent provided by the manufacturer’s warranty for device manufactured in India or is legally imported in India & sold through Official channels supported by an invoice & Manufacturer’s Warranty/Guarantee.
Liability for any one repair shall in no event exceed the market value of the Device at the time of repair. Insurance Partner will bear the cost of replacement of the device with one of like kind and quality if the Product is not repairable or beyond economical repair. The replaced device (the spoilt unit) shall become property of Insurance Partner. Due to technological advances, the replacement device may be of lower retail value than the original Product. Any such replacement will immediately terminate this membership with no refund.
The total of all benefits paid or payable under this Plan while it is in force shall not exceed the original purchase price paid by customer for the device covered by this policy
All sums which may from time to time be paid by way of indemnity under this Policy in any one Period of Insurance shall be accounted in diminution of the Total Sum Insured so that in case of any subsequent event giving rise to a claim occurring during the same period the total amount payable during that period by the Company shall not in any case exceed the Total Sum Insured. In the event of the property lost, destroyed or damaged being replaced by other property, the Company will at the Insured’s request extend this insurance by endorsement to include such property upon payment of the appropriate pro-rata additional premium. The Extended Warranty plan is valid only in India on Mobile/Laptop devices which are purchased and repaired within India
Means the buyer of the Policy holder’s product, who has opted for the insurance Cover under this Policy and has got the same activated, as per the terms and conditions of this Policy, with the policy holder and the details of which are intimated to Insurer under the Declaration. It is agreed that the device can be used by Subscriber or his/her parents / spouse & legitimate children. 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 Insured 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 Insured device.
Sum insured: Cost of equipment only as per purchase invoice provided by Customer
Geographic limit – India Only
Devices purchased abroad stand excluded
Basis of loss settlement:
In cases where damage to an insured device can be repaired, the Insurance Company will pay expenses necessarily incurred to restore the damaged machine to its former state of serviceability plus the cost of dismantling and re-erection incurred for the purpose of effecting the repairs as well as ordinary freight to and from a repair-shop customs duties and dues if any.
In cases where only part needs to be replaced covered under the warranty program, the cost of the part will be indemnified including ordinary freight.
The Insurance Company/OneAssist will make payments only after being satisfied, with necessary bills and documents that the repairs have been carried out or replacements have taken place, as the case may be.
Insurance Partner will bear the cost of replacement of the device with one of like kind and quality if the Product is not repairable or beyond economical repair. The replaced device (the spoilt unit) shall become property of Insurance Partner. Due to technological advances, the replacement device may be of lower retail value than the original Product. Any such replacement will immediately terminate this membership with no refund.
Mandatory Device related information for activating Insurance cover:
It is mandatory for the Customer to provide the following device related information to OneAssist for the purpose of activating Insurance cover:
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 Insurance cover on the said device only after receiving the above mentioned information. In case of non-receipt of the above mentioned information, any Insurance claim on the said device may be declined by the Insurance Company at its discretion. OneAssist may at its discretion require photo images of the device to be submitted by the customer at the time of creation of OneAssist membership. OneAssist shall in no way be liable for decline / rejection of Insurance claim on account of incorrect / incomplete information from the Customer.
The Insurer shall not be liable for:
A. Extended Warranty claims: This refers to issue with customer’s device due Specified reasons as per the terms and condition List of claim documents:
Scenario 1- Doorstep service:
Service Description: In this scenario, OneAssist will arrange for pick-up of the default device from the customer and also deliver the repaired device to the customer. City name: This service is limited to the following cities:
Hyderabad, Vijayawada, Guntur, Vishakhapatnam, Patna, Raipur, Delhi, Noida, Gurgaon, Ghaziabad, Delhi NCR, Goa, Assam, Ahmedabad, Vadodara, Surat, Bangalore, Cochin, Indore, Bhopal, Mumbai, Pune, Nagpur, Nashik, Chandigarh, Ludhiana, Amritsar, Jaipur, Chennai, Coimbatore, Madurai, Kanpur, Agra, Lucknow, Varanasi, Dehradun, Kolkata, Siliguri
Pre-requisite for claim processing:
Scenario 2 – Mail in Process:
Service Description: In this scenario, OneAssist will arrange for courier pick up of the default device from the customer premise, arrange for the repair and delivery of repaired device back to the customer location.
Locations covered: Other than locations covered under Doorstep service
Pre-requisite for claim processing:
The Customer must do the following:-
ALL COMPLETED CLAIM DOCUMENTS TO BE SUBMITTED WITH IN 15 DAYS
For avoidance of doubt, In the event of the insured device being lost or destroyed by the operation of insured perils, the liability of the company 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 Policy or any endorsement thereon will be held valid unless the same is signed or initialled by an authorized representative of the Insurer.
DUTY OF THE CUSTOMER:
DISPUTES & JURISDICTION:
Any disputes or differences under this policy shall be subject to the exclusive jurisdiction of Courts in Mumbai, India.
No sums payable under this policy shall carry interest other than that is permitted by the IRDA Policy Holders Protection Regulations.
OBSERVANCE OF TERMS & CONDITIONS:
The due observance and fulfilment of the terms and conditions and endorsements of this policy in so far as they are relating to anything to be done or complied with by the insured shall be condition precedent to any liability of the insurer to make any payment of the policy only.