Complimentary Accidental Damage Protection Plan (“Plan”) for Hyve Smartphone Customers
Servify App Terms and Conditions:
- The Plan
This risk underwritten accidental damage protection contract governs the support process for physical and fluid damages for Hyve Smartphones (“Covered Equipment”) sold by 4GM Hyve Mobility Private Limited (“Hyve”) through its official sales channels in India & in its original packaging.
- Plan Coverage Duration
Coverage begins when you (Beneficiary, who is the User of the Covered Equipment) activate the Plan and ends on completion of Twelve months from date of original purchase of the Plan or original purchase of the Covered Equipment, whichever is earlier (“Coverage Period”). Activation of your Covered Equipment will be your Plan confirmation. The terms of this Plan and the Plan Confirmation are each part of your Plan. This Plan is offered complimentary to you by Servify. The accidental damage protection coverage provided by the Plan is additional to the coverage provided by the manufacturers hardware warranty.
- Coverage Details
- Accidental Damage Protection
- Covered Value
- Scope of Coverage
Provided the Covered Equipment is returned 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 Hyve in India
- Suffers accidental physical damage to Covered Equipment and/or such damage that causes Covered Equipment to stop working on normal usage, but outside of the coverage of manufacturer’s limited warranty
- Fails to work because accidentally fluid has entered its internal circuitry, resulting in the stoppage of the Covered Equipment
- Act of god perils, fire, lightening and explosion
- Damage during riot, strike & malicious damage
The purchaser of the Covered Equipment whose name is mentioned on the original sales receipt is the Beneficiary or the person who has registered the Plan as the User of the Covered Equipment is the Beneficiary. If the purchaser is a company, Beneficiary shall mean any representative/employee of the company authorised to use the Covered Equipment.
If during the Coverage Period, you (Beneficiary) submit a valid Claim by notifying Hyve Care via the App or notifying Servify via its support channels that an accidental damage has arisen in the Covered Equipment, Authorized Service Providers (“ASP”) of Hyve will either (a) repair the damage, using new or refurbished parts that are equivalent to new in performance and reliability, or (b) exchange the Covered Equipment with a replacement product that is new or equivalent to new in performance and reliability, and is at least functionally equivalent to the original product, after the collecting due deductibles from you and validating that the Claim qualifies fo accidental damage protection as covered under this complimentary Plan. If Servify or ASPs exchange the Covered Equipment, the original product becomes the property of Servify and the replacement product is your (Beneficiary property, with coverage for the remaining period of the Plan as per the terms of the Plan or of th manufacturer’s limited warranty.
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. Claim limit is one repair instance (i.e. repair or replacement) of your Covered Equipment. If the repair or replacement charges are more than the Covered Value, the Beneficiary will have the bear the differential price for obtaining the repair or replacement as determined by the ASP. The Beneficiary has to pay a Compulsory deductible/Excess charge of Rs. 750/- in case of repair/replacement during any claim event.
- Any loss under mysterious circumstances including lost or stolen
- Loss due to Intentional act or willful neglect
- Loss arising before/after Coverage Period
- Any loss due to hire or loan of the Covered Equipment to a third party or if ownership is transferred
- Loss arising due to unlawful act including Terrorist activity, War, Nuclear Explosion, Radioactive Contamination, Chemical, Biochemical, Biological, Electromagnetic, Cyber Attack
- Consequential loss of any kind or description including wear & tear, manufacturing defects
- Loss caused by incorrect storage, poor care and maintenance, careless use, gross negligence, incorrect installation and incorrect set-up
- Loss covered by supplier, dealer or manufacturer’s limited warranty
- Any loss effecting to SIM card and any ancillary products even if equipment results into complete stoppage of working
- 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 Hyve, or (c) service (including upgrades and expansions) performed by anyone who is not an Authorized Service Provider (ASP) of Hyve, or any failure/damage caused outside the Indian territory
- 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 Hyve
- Covered Equipment that has been stolen
- Cosmetic damage to the Covered Equipment including but not limited to scratches, dents and broken plastic on ports
- Defects caused by normal wear and tear or otherwise due to normal aging of the product
- Issues that could be resolved by upgrading software to the then current version
- Third-party products or their effects on or interactions with the Covered Equipment or the software
- Your use of a computer or operating system that is unrelated to consumer software or connectivity issues with the Covered Equipment
- Damage to, or loss of any software or data residing or recorded on the Covered Equipment
- Recovery and reinstallation of software programs and user data are not covered under this Plan
The Plan will not cover:
- Loss or damage due to any experiments or tests and/or alterations resulting to any abnormal conditions of the Covered Equipment
- 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
- Penalties for delay or detention or in connection with guarantees of performance or efficiency
- 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
- 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
- Servify and Hyve shall not be liable for any loss or damage claim if:
- 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.
- 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
- The Plan shall also not cover a loss:
- For compensation towards damage, if the said claim has already been availed once
- Damage claim amount has exhausted the Covered Value of the Covered Equipment
Servify and Hyve shall not be liable in respect of loss or damage to Covered Equipment relating to or caused due to the following:
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.
You are automatically registered for the Plan from the date of purchase of the Covered Equipment. You will need to switch on the Covered Equipment and input your name and phone number on activation.
You may obtain damage protection coverage by accessing the Hyve Care App, details of which is available within th Hyve Care. Alternatively, you can call the Hyve call center or https://servify.activ.space for registering a Claim Incident for which you are seeking coverage under this Plan.
- Servify or Hyve provides services through Pick/Drop Support (“PUDO”) and Carry-in (“CI”) Service for the Covered Equipment. You are required to return the Covered Equipment to an ASP offering CI service as recommended by the Hyve Care App during a Claim event if you are choosing the CI mode. Service will be performed at the ASP location after verification of the entitlement and validity of the Plan in both PUDO and CI service modes. Once you are notified that the service (either repair or replacement) is complete, you will promptly collect the Covered Equipment if you have chosen the CI mode. The repaired or replacement will be delivered to the address of initial pickup if the PUDO mode is chosen.
- Servify or Hyve 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 complimentary 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:
- Provide information about the reasons and causes of the damage to the Covered Equipment
- Provide identity proof if requested to verify Beneficiary of the Plan
- 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 experience the damage and steps taken to avoid the damage
- Follow instructions Servify or ASPs or Hyve gives you, including but not limited to refraining from sending Covered Equipment that is not subject to damage protection Complimentary Accidental Damage Protection Plan as per the Plan and packing the Covered Equipment in accordance with shipping instructions
- 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.
- You will update all the new versions available for the Hyve Care App or Servify App from time to time and not delete the Hyve Care App or Servify App from the Covered Equipment, failing which the Coverage may stand invalid and you might be asked to download the Hyve Care App or 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.
|Age of the Covered Equipment||Depreciation Applicable|
|Upto 90 days from the date of purchase of the Covered Equipment||10% of the Covered Value|
|Between 91 days to 180 days from date of purchase of the Covered Equipment||25% of the Covered Value|
|Between 181 days to 250 days from date of purchase of the Covered Equipment||50% of the Covered Value|
|Between 251 days to 365 days from date of purchase of the Covered Equipment||75% of the Covered Value|
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HYVE, 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 HYVE, 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.
You may not cancel this Plan at any time for any reason unless applicable Indian law provides otherwise. Servify or Hyve may cancel this Plan if service parts for the Covered Equipment become unavailable, upon thirty (30) days’ prior written notice or through a notification within the Hyve Care App. In such a scenario, the coverage of this Plan for future date stands cancelled and you will be offered alternate options, commercially reasonable as determined solely by Servify and Hyve.
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.
- 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.
- Servify is not responsible for any failures or delays in performing under the Plan that are due to events outside its reasonable control
- You are not required to perform preventative maintenance on the Covered Equipment to receive service under the Plan, but update the Hyve Care App or 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.activ.space
- This Plan is offered and valid only if you are making a claim in India
- This Plan is not offered to persons who have not reached the age of majority. This Plan may not be available in all states, and is not available where prohibited by law
- In carrying out its obligations Servify or Hyve 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
- Servify and Hyve have 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 or Hyve regarding the processing of data, and Servify and Hyve 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 Hyve or Service at the support mediums provided such as email@example.com or the call center number of Hyve
- 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
- Servify or Hyve is not obligated to renew this Plan. If either Servify or Hyve does offer a renewal, they will determine the price and terms
- There is no informal dispute settlement process available under this Plan
- 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
- These terms and conditions shall be governed by and construed under the laws of India
- These terms and conditions do not affect your statutory rights as a consumer
- Hyve Customer Service Number: 1800-121-HYVE (Toll Free)
- Hyve Customer Service Email ID: firstname.lastname@example.org
- Servify Customer Service Email ID: email@example.com