Servify Protect Plan (Complimentary) for Nokia 2

This risk underwritten accidental damage protection contract governs the support process for physical and fluid damages for Nokia 2 Smartphones (“Covered Equipment”) sold by TNS Mobile India Pvt. Ltd. through its official sales channels in India & in its original packaging. This plan is not valid for any products that are either refurbished or purchased by a customer post a return from the first customer, even in unboxed condition

1. Coverage begins when you (Beneficiary, who is the User of the Covered Equipment) register your Covered Equipment for the Plan and ends on completion of Twelve months from date of original purchase of the Covered Equipment (“Coverage Period”)
2. To obtain your Plan Confirmation, download Servify Mobile Application from the Google Play Store, register your Covered Equipment with Service Lee Technologies Private Limited (“Servify”) through this Servify App by installing the same on the Covered Equipment and completing the registration formalities as mentioned in the Servify App

3. The registration has to be completed within 30 calendar days of purchase of the Covered Device. The registration process requires you to download the Servify App and register your Nokia 2 device. The Servify App registration is in addition to the Kotak 811 App download & successful registration process. The Plan is available only if the Kotak 811 App registration and all other necessary conditions for the complimentary Plan are completed successfully within the above mentioned stipulated time
4. The complimentary offer is valid only for registrations until 31st December 2017 only
5. The Plan is available only if the registered mobile number on Servify App matches the registered mobile number on Kotak 811 App
6. The terms of this Plan, the original sales receipt of your Nokia 2 device, the proof of your identity, the indemnification you provide about the working condition of the Covered Device and the Plan Confirmation are each part of your Plan
7. The accidental damage protection coverage provided by the Plan is additional to the coverage provided by the manufacturer’s hardware warranty
8. Only one claim per Covered Device is allowed during the term of the plan. All subsequent claim requests shall be considered for paid repair only

1. Beneficiary

   The purchaser of the Covered Equipment whose name is mentioned on the original invoice is the Beneficiary. The purchaser’s spouse, children, parents and siblings or the recipient of the Covered Equipment as a gift can also be the user of the Covered Equipment subject to the fulfillment of the conditions mentioned in the terms and conditions here. If the purchaser is a company, Beneficiary shall mean any representative/employee of the company authorised to use the Covered Equipment

2. Covered Value

   Maximum Covered Value is equivalent to the depreciated value of the Covered Equipment at the time of submitting a Claim for availing accidental damage protection as eligible under this Plan. Claim limit is one repair instance of your Covered Equipment. If the repair charges are more than the Covered Value, the Beneficiary may choose to bear the differential price for obtaining the repair as determined by the Brand Authorised Service Provider (“ASP”) or receive the Covered Value as the complete settlement of the claim under this plan. The Beneficiary has to pay a Claim Processing charge of Rs. 500/- in case of repair during any claim event. Alternatively, if Beneficiary opts for refund, the applicable depreciated amount will be returned to the beneficiary as settlement subject to beneficiary returning the original device along with its original accessories and original box to Servify. In case the original accessories and box is not received within 7 calendar days of intimation, there will be a deduction of Rs 500/- from the final settlement amount

3. Scope of Coverage

   Provided the Covered Equipment is handed over to Servify or its authorized channels in its entirety during the Claim Process & that you have submitted the documents as desired under the Plan and have purchased the Covered Equipment from official sales channels of TNS Mobile India Pvt. Ltd. in India, the following conditions would be covered:

   If the Covered Equipment:

   1. Suffers accidental physical damage and/or such damage that causes Covered Equipment to stop working on normal usage
   2. Fails to work because accidentally fluid has entered its internal circuitry, resulting into stoppage of the Covered Equipment
   3. Suffers damage due to:
      1. Acts of god perils, fire, lightening and explosion
      2. Damage during riot & strike

The Plan will not cover:

1. Any damage or claim reported within 7 days of activation of this Plan
2. Physical damage which is not visible and has not occurred by an external force
3. Any loss or damage under mysterious circumstances including lost or stolen
4. Loss or damage due to intentional act or willful neglect
5. Loss or damage arising before/after Coverage Period
6. Loss or damage not reported to Servify within 48 hours of the loss or damage to the Covered Equipment
7. Any loss or damage due to hire or loan of the Covered Equipment to a third party or if ownership is transferred
8. Any damages occurred to the Covered Equipment prior to the registration or incomplete registration
9. Loss arising due to unlawful act including Terrorist activity, War, Nuclear Explosion, Radioactive Contamination, Chemical, Biochemical, Biological, Electromagnetic, Cyber Attack
10. Consequential loss of any kind or description including wear & tear, manufacturing defects
11. Loss or damage caused by incorrect storage, poor care and maintenance, careless use, gross negligence, incorrect installation and incorrect set-up
12. Loss or damage covered by supplier, dealer or manufacturer’s limited warranty
13. Any loss effecting to SIM card and any ancillary products even if equipment results into complete stoppage of working
14. Damage caused by (a) a product/ accessory that is not the Covered Equipment, (b) operating the Covered Equipment outside the permitted or intended uses described by the Company, or (c) service (including upgrades and expansions) performed by anyone who is not an Authorized Service Provider (ASP), or any failure/damage caused outside the Indian territory
15. Covered Equipment with a serial number that has been altered, defaced or removed, or has been modified to alter its functionality or capability without the written permission of the Company
16. Covered Equipment that has been stolen
17. Cosmetic damage to the Covered Equipment including but not limited to scratches, dents and broken plastic on ports
18. Defects caused by normal wear and tear or otherwise due to normal aging of the product
19. Issues that could be resolved by upgrading software to the then current version
20. Third-party products or their effects on or interactions with the Covered Equipment or the software
21. Your use of a computer or operating system that is unrelated to consumer software or connectivity issues with the Covered Equipment
22. Damage to, or loss of any software or data residing or recorded on the Covered Equipment
23. Recovery and reinstallation of software programs and user data are not covered under this Plan
24. Any loss or damage to accessories and panels even if forming part of the standard pack or to any complimentary or ancillary product/s made available under any promotional scheme
25. Costs implicitly or explicitly covered by any manufacturers, suppliers or repairers guarantee or warranty. Problems or defects otherwise covered under the original manufacturer’s Warranty/ Guarantee
26. Recalls or modifications to the Product
27. Accessories used in or with the Product
28. Replacement of consumable item or accessory like, plugs, batteries, light bulbs, light covers, software and add-on options incorporated in a Product for which the Service Contract was purchased. Batteries, internal or external to the product.
29. Damage resulting from power outage, power surges or dips, fluctuating voltage, inadequate or improper voltage or current. Reception or transmission problems resulting from external causes

Servify shall not be liable in respect of loss or damage to Covered Equipment relating to or caused due to the following:

1. Loss or damage due to any experiments or tests and/or alterations resulting to any abnormal conditions of the Covered Equipment
2. Loss or damage due to mechanical or electrical break down or derangement, unless such loss is accidental damage and which is not covered within the manufacturer’s warranty
3. Penalties for delay or detention or in connection with guarantees of performance or efficiency
4. Loss due to the Covered Equipment which gradually develops flaws, defects, cracks or partial fractures in any part not necessitating immediate stoppage, although at some future time repair or renewal of the parts affected may be necessary
5. Loss due to deterioration or wearing away or wearing out of any part of the Covered Equipment that is caused due to or naturally resulting from its normal use or exposure
6. Servify shall not be liable for any loss or damage claim if:
   1. The user is found to be involved in any way in fraudulent or illegal activity of any kind whatsoever related to this Plan or Covered Equipment and/or
   2. If the mandatory registration of the Covered Equipment is not completed by installing the Servify App on the same Covered Equipment and completing registration within 30 calendar days of purchase of the Nokia 2 device
   3. Due to the inability of the Beneficiary to submit either of the claim processing and claim payment documents required by the Risk Underwriter for processing the claim
7. The Plan shall also not cover a loss:
   1. For compensation towards damage, if the said claim has already been availed once
   2. Damage claim amount has exhausted the Covered Value of the Covered Equipment

In any action, suit or other proceeding where the Risk Underwriter alleges that by reason of the provisions of the exceptions or exclusions above, any loss, destruction, damage or liability is not covered by this plan, the burden of proving that such loss, destruction, damage or liability is covered shall be upon the Beneficiary

In the event of damage to the Covered Equipment, you (Beneficiary) are required to:

1. Immediately (Not later than 48 Hours from the time of the damage) inform Servify through the Servify App or Servify Consumer Web Portal (https://servify.in) using your login credentials or write to us at [email protected] detailing how the damage occurred, place of damage, date & time of damage, and any documentary evidence of the damage
2. Submit all claim related information/ documents as mentioned in the Servify App within seven (7) calendar days of raising the claim or within the timelines as mentioned in the App or communicated to You by Servify
3. Please note, You will not handover the Covered Equipment for repairs at any service center, including at any ASP until confirmed by Servify. It is expressly stated that Servify will not be held responsible for fulfilling any such claims where the Covered Equipment is handed over to a service center by You before the approval from Servify; any liabilities arising out of such claim before the in-principal approval of the claim from Servify will be solely handled by You at Your own expense

1. Servify provides services through Pick/Drop Support (“PUDO”) Service for the Covered Equipment, for serviceable locations, for the rest you may visit the nearest Servify Authorized Service Centre. You are required to wait until Servify confirms in writing via an email or on a voice call on your registered number or provides an update on the Servify App or on its Consumer Web Portal about the status of the claim and the next steps expected. Service will be performed at the Servify Central Service Hub location after verification of the entitlement and validity of the Plan. Once you are notified & that the service (either repair or replacement) is complete, you will promptly be notified via the Servify App & Servify Consumer Web Portal. The repaired or replacement will be delivered to the address of initial pickup within the next working day of completion of repair or replacement. In case, the PUDO service is not available, You will have to send the dispatch on “To Pay” basis to Servify’s central service hub, details of which will be communicated to you accordingly by Servify
2. Servify reserves the right to change the method by which they may provide repair or replacement service to you, and your Covered Equipment’s eligibility to receive a particular method of service under this Plan. Service options, parts availability and response times may vary according to the city you live in

To receive service or support under the Plan, you agree to comply with the following:

1. Provide a copy of your Covered Equipment’s original proof of purchase, if requested again
2. Provide information about the reasons and causes of the damage to the Covered Equipment
3. Provide identity proof if requested to verify Beneficiary of the Plan
4. Respond to requests for information, including but not limited to the Covered Equipment serial number, model, version of the operating system and software installed, any peripherals devices connected or installed on the Covered Equipment, any error messages displayed, actions taken before the Covered Equipment experienced the damage and steps taken to avoid the damage
5. Follow instructions Servify or ASPs gives you, including but not limited to refraining from sending Covered Equipment that is not subject to damage protection as per the Plan and packing the Covered Equipment in accordance with shipping instructions
6. Make sure to backup software and data residing on the Covered Equipment. DURING THE FULFILLMENT OF DAMAGE PROTECTION SERVICE SERVIFY OR THE ASP WILL DELETE THE CONTENTS OF THE COVERED EQUIPMENT AND REFORMAT THE STORAGE MEDIA IF NECESSARY. Servify, or ASPs will return your Covered Equipment after the service event or provide a replacement unit as the Covered Equipment was originally configured, subject to applicable updates. Servify or the ASPs may install latest software updates as part of hardware service that will prevent the Covered Equipment from reverting to an earlier version of the Operating System. Third party applications installed on the Covered Equipment may not be compatible or work with the Covered Equipment as a result of the Operating System update. You will be responsible for reinstalling all other software programs, data and passwords
7. You will update all the new versions available for the Servify App from time to time and not delete the Servify App from the Covered Equipment, failing which the Coverage may stand invalid and you might be asked to download the Servify App again, and the condition of the Covered Equipment may be determined at your costs before enabling your entitlement towards the coverage of the Covered Equipment
8. Fill and submit the Claims Form and the Declaration Form as required for submitting a valid Claim

1. The standard depreciation matrix applicable for this Plan is as below:
   

   Age of the Covered Equipment	Depreciation Applicable
   Upto 90 days from the date of purchase of the Covered Equipment	20% of the Invoice Value
   Between 91 days to 180 days from date of purchase of the Covered Equipment	30% of the Invoice Value
   Between 181 days to 270 days from date of purchase of the Covered Equipment	40% of the Invoice Value
   Between 271 days to 365 days from date of purchase of the Covered Equipment	50% of the Invoice Value

2. Beyond Economic Repairs (BER): If the Covered Equipment is Beyond Economic Repairs, the applicable depreciated amount will be returned to you as settlement subject to you returning the original device along with its original accessories and original box to Servify. In case the original accessories and box is not received within 7 calendar days of intimation, there will be a deduction of Rs 500/- from the final settlement amount

As this is a complimentary plan, there is no cancellation or refund applicable

The transfer of ownership of the Plan for the Covered Equipment from the Beneficiary to another party will render the Plan & its Coverage null and void

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SERVIFY AND ITS EMPLOYEES AND AGENTS WILL UNDER NO CIRCUMSTANCES BE LIABLE TO YOU OR ANY SUBSEQUENT OWNER FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO COSTS OF RECOVERING, REPROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA OR THE FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA, ANY LOSS OF BUSINESS, PROFITS, REVENUE OR ANTICIPATED SAVINGS, RESULTING FROM SERVIFY’S OBLIGATIONS UNDER THIS PLAN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMIT OF SERVIFY AND ITS’ EMPLOYEES AND AGENT’S LIABILITY TO YOU AND ANY SUBSEQUENT OWNER ARISING UNDER THE PLAN SHALL NOT EXCEED THE DEPRECIATED VALUE OF THE COVERED EQUIPMENT. SERVIFY SPECIFICALLY DOES NOT WARRANT THAT (i) IT WILL BE ABLE TO REPAIR OR REPLACE COVERED EQUIPMENT WITHOUT RISK TO OR LOSS OF PROGRAMS OR DATA, (ii) IT WILL MAINTAIN THE CONFIDENTIALITY OF DATA, OR (iii) THAT THE OPERATION OF THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE. NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT SERVIFY’S LIABILITY FOR (I) DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE, OR (II) FRAUD. TO THE EXTENT THAT LIABILITY UNDER SUCH LAWS AND REGULATIONS MAY BE LIMITED, SERVIFY’S LIABILITY IS LIMITED, AT ITS SOLE OPTION, TO REPLACE OR REPAIR OF THE COVERED EQUIPMENT OR SUPPLY OF THE SERVICE

1. Servify as a Group Manager on behalf of its customers has arranged an Insurance cover with a leading Insurance Company (‘the Insurer’). Servify is only the holder of the policy and you shall be the beneficiary in the event of a claim. It may be noted that Servify shall only facilitate the registering and processing of the claim with the Insurance Company and the decision on the claim is provided by the Insurer only, Servify has no influence on the decision of the claim
2. Servify may subcontract or assign performance of its obligations to third parties but shall not be relieved of its obligations to you in doing so
3. Servify is not responsible for any failures or delays in performing under the Plan that are due to events outside its reasonable control
4. You are not required to perform preventative maintenance on the Covered Equipment to receive service under the Plan, but update the Servify App from time to time whenever there is a new version is available on the Google Play Store or as advised on https://servify.in
5. This Plan is offered and valid only if you are making a claim in India
6. This Plan is not offered to persons who have not reached the age of 12. This Plan may not be available in all states, and is not available where prohibited by law
7. In carrying out its obligations Servify may, at their discretion and solely for the purposes of monitoring the quality of their response, record part or all of the calls between you and them
8. You agree that any information or data disclosed to Servify under this Plan is not confidential or proprietary to you. Furthermore, you agree that Servify may collect and process data on your behalf when it provides service. This may include transferring your data to affiliated companies or service providers in accordance with the Customer Privacy Policy of Servify, details of which are available on its website under https://servify.in/privacy/
9. Servify has security measures, which should protect your data against unauthorized access or disclosure as well as unlawful destruction. You will be responsible for the instructions you give to Servify regarding the processing of data, and Servify will seek to comply with those instructions as reasonably necessary for the performance of the service and support obligations under the Plan. If you do not agree with the above or if you have questions regarding how your data may be impacted by being processed in this way, contact Servify at the support mediums provided such as [email protected] or the call center number of Servify
10. The terms of the Plan, including the original sales receipt of the Covered Equipment and the Plan Confirmation, prevail over any conflicting, additional, or other terms of any purchase order or other document, and constitute your and Servify’s entire understanding with respect to the Plan
11. Servify is not obligated to renew this Plan. If Servify does offer a renewal, they will determine the price and terms
12. There is no informal dispute settlement process available under this Plan
13. In the event any section or portion of a section of these terms and conditions are deemed invalid, void or unenforceable, that section or portion of a section shall be severed from these terms and conditions, and the remaining terms and conditions shall continue in full force and effect
14. These terms and conditions shall be governed by and construed under the laws of India
15. These terms and conditions do not affect your statutory rights as a consumer

1. Servify Customer Service Email ID: [email protected]
2. Servify Customer Service Number: 1 800 123 333 888 (Mon-Sun, 9am-9pm)