Gadget Protect – 1 Year Accident and Liquid Damage Protection Plan (Smart Watch)

(Accidental Physical and Accidental Liquid Damage Protection Plan)

  1. Damage Protection Plan (“Plan”)
    This Accidental Damage Protection Plan governs the support process for physical and fluid damages for under warranty for Apple Watches (“Device”) sold by its manufacturer’s official sales channels/retailers in India & in its original packaging. This plan is not valid for any products that are purchased by a customer post a return from the first customer & even in unboxed condition
  2. Plan Term
    Benefits under this Plan begins when you (Customer, who is the User of the Device) purchase the Plan and ends on completion of Twelve months (365 Days) from date of purchase of the Device (“Plan Term”).
  3. Plan Eligibility
    1. This plan can be purchased only within 15 calendar days of the purchase of the Original Device
    2. The benefits under the accidental damage protection Plan is additional to the benefits provided by the manufacturer under Manufacturer’s Warranty.
  4. Plan Details
    1. “Registered” Device
      The Device that was successfully registered under the Plan by purchasing the Plan within 15 calendar days from the original purchase of the Device is termed as “Registered Device”
    2. Customer 
      The purchaser of the Registered Device whose name is mentioned on the original invoice is the Customer. The purchaser’s spouse, children and parents can be the users of the Registered Device. If the purchaser is a company, Customer shall mean any representative/employee of the company authorized to use the Registered Device.
    3. Benefits Value
      Maximum Benefits Value at any given point of time will be equivalent to the depreciated value (as mentioned in Point 10 below) of the Registered Device at the time of submitting the Damage Repair Request. Limit is one (1) repair instances of your Registered Device, subject to the maximum eligible Benefits Value at the time of submitting a request. There is a Processing Fee of Rs. 1000 charged on approval of the Damage Repair Request
    4. Beyond Economic Repairs (BER) 
      If the repair cost of the Registered Device is more than the Benefits Value of the Registered Device, then the repair request will be determined as Beyond Economic Repairs (BER). In the event of BER, customer opting for reimbursement, the applicable depreciated amount less the processing fee (as applicable) will be returned to the customer as settlement subject to beneficiary returning the original device along with its original accessories and original box to Servify. In case the accessories along with the original box are not received by Servify, there will be a deduction of Rs.1000 for Apple devices.
    5. Scope of Service under the Plan 
      Provided the Registered Device is handed over to Servify or its authorized channels in its entirety during the Damage Repair Process & that the beneficiary has submitted the documents as desired under the Plan and have purchased the Registered Device from official sales channels of original manufacturers in India. The following conditions would be considered under the Plan.

      1. Inclusions
        1. Suffers accidental physical damage and/or accidental liquid damage & such damage that causes Registered Device to stop working on normal usage
        2. Fails to work because accidentally fluid has entered its internal circuitry, resulting into stoppage of the Registered Device
        3. Suffers damage due to:
          1. Acts of god perils, fire, lightening and explosion
          2. Damage during riot or strike
      2. Exclusions
        The Plan will not cover:

        1. Plan purchased beyond 15 calendar days of purchase of the original device
        2. Any damage reported with in the first 7 calendar days of purchase/activation of the Plan
        3. Any loss or damage under mysterious circumstances including lost or stolen
        4. Loss or damage due to Intentional act or wilful neglect
        5. Loss or damage arising before/after Plan Term
        6. Loss or damage not reported to Servify within 72 hours of the loss or damage to theRegistered Device
        7. Any loss or damage due to hire or loan of the Registered Device to a third party
        8. Loss arising due to unlawful act including Terrorist activity, War, Nuclear Explosion, Radioactive Contamination, Chemical, Biochemical, Biological, Electromagnetic, Cyber Attack
        9. Consequential loss of any kind or description including wear & tear, manufacturing defects
        10. Loss or damage caused by incorrect storage, poor care and maintenance, careless use, gross negligence, incorrect installation and incorrect set-up
        11. Loss or damage covered by supplier, dealer or manufacturer’s limited warranty
        12. Any loss effecting to any ancillary products even if equipment results into complete stoppage of working
        13. Damage caused by (a) a product/ accessory that is not the Registered Device, (b) operating the Registered Device outside the permitted or intended uses described by the original manufacturer of the device, or (c) service (including upgrades and expansions) performed by anyone who is not an Apple Authorised service Provide (AASP) of the original manufacturer of the device (d) Any failure/damage caused outside the Indian territory.
        14. Registered Device 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 original manufacturer of the device
        15. Registered Device that has been lost or stolen
        16. Cosmetic damage to the Registered Device including but not limited to scratches, dents and broken plastic on ports
        17. Defects caused by normal wear and tear or otherwise due to normal aging of the product
        18. Issues that could be resolved by upgrading software to the then current version
        19. Third-party products or their effects on or interactions with the Registered Device or the software
        20. Your use of a computer or operating system that is unrelated to consumer software or connectivity issues with the Registered Device
        21. Damage to, or loss of any software or data residing or recorded on the Registered Device
        22. Recovery and reinstallation of software programs and user data are not covered under this Plan
        23. 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
        24. 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
        25. Recalls or modifications to the Product
        26. Accessories used in or with the Product
        27. 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
        28. 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
  5. Special Exclusions
    Servify shall not be liable in respect of loss or damage to Registered Device 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 Registered Device
    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 Registered Device 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 Registered Device 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 Repair Request 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 Registered Device and/or
      2. The Plan is purchased for the Registered Device after 15 calendar days from the date of purchase of the Original Device
      3. Due to the inability of the Beneficiary to submit any of the processing of Damage Repair Request and Damage Repair Request payment documents required by Servify or the risk underwriter for processing the eligible Damage Repair Request
    7. The Plan shall also not cover a damage or loss:
      1. In any action, suit or other proceeding where the risk underwriter or Servify 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
  6. Plan Activation  
    On successful purchase of the Plan an automated communication will be sent to the registered email Id. This automated email may be considered as confirmation of registration of your device or Plan activation. Please note, the confirmation email will be received on the Email Id registered at the time of Plan purchase from the Retail Store.
  7. Service Request Process 
    In the event of damage to the Registered Device, you (Beneficiary) are required to do the following things:

    1. An immediate intimation (not later than 72 hours from the date and time of damage) about the damage should be given to Servify via its support channels comprising of the Servify App and Consumer Web Portal (https://servify.in)
    2. The event needs to be notified to Servify with cause or reason of damage & obtain services estimate towards damage
    3. Do not get the damaged Registered Device repaired unless intimated by Servify & further authorized by Servify
    4. Documents required during the Damage Repair Request: (1) Electronic form duly filled in with all the details of the damage, (2) ID proof, if requested, (3) Purchase invoice, if requested (4) Provide any additional document if required by Servify or the risk underwriter to determine the admissibility of the Damage Repair Request.
  8. Service Fulfilment Process

    1. Servify provides services through Pick/Drop Support (“PUDO”) Service for the Registered Device, for serviceable locations. 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 App about the status of the Damage Repair Request and the next steps expected. Once you are notified & that the service (either repair or replacement) is complete, you will promptly be notified via the App. The repaired / replacement device will be delivered to the address of initial pickup within the next working day of completion of repair / replacement
    2. Servify reserves the right to change the method by which they may provide repair / replacement service to you and your Registered Device’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
    3. Issue, if any, found post receiving the repaired/replaced handset, should be reported within 48 hrs. of the delivery to Servify
  9. Your Responsibilities
    To receive service or support under the Plan, you agree to comply with the following:

    1. Provide a copy of your Registered Device’s original proof of purchase, if requested again
    2. Provide Original copy of the Job Sheet upon replacement/refurbishment of the device, if requested, which was obtained from authorized service centre of the original manufacturer
    3. Provide information about the reasons and causes of the damage to the Registered Device
    4. Respond to requests for information, including but not limited to the Registered Device serial number, model, version of the operating system and software installed, any peripherals devices connected or installed on the Registered Device, any error messages displayed, actions taken before the Registered Device experienced the damage and steps taken to avoid the damage
    5. Follow instructions Servify gives you, including but not limited to refraining from sending Registered Device that is not subject to damage protection as per the Plan and packing the Registered Device in accordance with shipping instructions
    6. Make sure to take backup of software and data residing on the Registered Device and remove all the passcodes and disable Device Tracking Apps before handing over the device to Pick up Agent or AASP. DURING THE FULFILLMENT OF DAMAGE PROTECTION SERVICE SERVIFY OR THE AASP MAY DELETE THE CONTENTS OF THE REGISTERED DEVICE AND REFORMAT THE STORAGE MEDIA IF NECESSARY. Servify and/or AASPs will return your Registered Device after the service event or provide a replacement unit as the Registered device was originally configured, subject to applicable updates. Servify or the ASCs may install latest software updates as part of hardware service that will prevent the Registered Device from reverting to an earlier version of the Operating System. Third party applications installed on the Registered Device may not be compatible or work with the Registered Device as a result of the Operating System update. You will be responsible for reinstalling all other software programs, data and passwords
    7. Fill and submit the Electronic Forms by answering few questions on the damage incident for raising a valid Damage Repair Request
    8. Providing any additional documents as may be required by Servify and/or the Insurer (Risk Underwriter) in order to determine the admissibility of the Damage Repair Request
  10. Depreciation Matrix
    The standard depreciation matrix applicable for this Plan is as below:

    Age of the Registered DeviceDepreciation Applicable
    Up to 90 days from the date of purchase of the Registered Device 10% of the Invoice Value
    Between 91 days to 270 days from date of purchase of the Registered Device20% of the Invoice Value
    Between 271 days to 365 days from date of purchase of the Registered Device30% of the Invoice Value
  11. Transfer Of Plan 

    1. The transfer of ownership of the Plan for the Registered Device from the Customer to another party will render the Plan & its benefits null and void
    2. If the Registered Device is replaced under Manufacturer’s Warranty during the Plan Term, then the replacement Device will be termed as Registered Device, with the applicable Plan benefits for the remaining period of the Plan Term.
  12. Limitation Of Liability  
    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SERVIFY ITS AFFILIATES 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 AFFILIATES 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 REGISTERED DEVICE. SERVIFY SPECIFICALLY DOES NOT WARRANT THAT (i) IT WILL BE ABLE TO REPAIR OR REPLACE REGISTERED DEVICE 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 REGISTERED DEVICE OR SUPPLY OF THE SERVICE
  13. General Terms

    1. 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
    2. Servify and its affiliates & its agents is not responsible for any failures or delays in performing under the Plan that are due to events outside its reasonable control
    3. You may be required to perform preventative maintenance on the Registered Device to receive service under the Plan, and update the Servify App from time to time whenever there is a new version is available on the Google Play Store and Apple Store
    4. This Plan is offered and valid only if you are making a Damage Repair Request in India
    5. This Plan is not offered to persons who have not reached at least the age of 18. This Plan may not be available in all states, and is not available where prohibited by law
    6. 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
    7. 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 support@servify.tech or the call centre number of Servify.
    8. The terms of the Plan, including the original sales receipt of the Registered Device 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
    9. Servify is not obligated to renew this Plan. If either Servify does offer a renewal, they will determine the price and terms
    10. There is no informal dispute settlement process available under this Plan
    11. 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 & or revised from these terms and conditions, and the remaining terms and conditions shall continue in full force and effect. Servify does not own the responsibility of the communication for the changes made if any. Revisions in the terms & conditions, if any will be updated on our website
    12. These terms and conditions shall be governed by and construed under the laws of India
    13. These terms and conditions do not affect your statutory rights as a consumer
    14. Customers consents to Servify sending periodic transactional SMS regarding the Plan bought by the customers as per the governing regulations
  14. Support Contact Details:
    1. Servify Customer Service Number: 1800 123 333 888 (Toll Free), All days, 9am to 9pm
    2. Servify Customer Service Email ID: support@servify.tech