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Warranty on Sale of Refurbished Products (RW)

 

1. DEFINITIONS

 

1.1. “Plan(s)”: shall mean either or all of the products/ services package offered by Mobuyls from time to time

1.2. “Plan Fee” shall mean the fees charged by Mobuyls 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 about each Plan(s).

1.4. “Plan Eligibility” This Plan can be purchased only same day of the purchase of the Refurbished Device, and subject to the Device being in its perfect working condition

1.5. “Free Look-In Period” shall mean the number of days from the date of purchase of the Plan(s) within which the Customer may cancel the Plan(s) and obtain a refund of the Plan Fee.

1.6. “Service Partner” means any third-party service provider affiliated with Mobuyls.

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 Authorized Service Center of Mobuyls used for carrying out Damaged device Repair/Replacement.

 

PURPOSE

2.1. These terms and conditions (“Terms”) shall govern the transaction between K K ENTERPRISES (“Mobuyls”) and the party whose name appears on the Order (“Customer”) in about the Plan(s) provided by Mobuyls. 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, That the Customer activates the Plan by sharing device details or avails of any benefit under any of the Plan Terms or lodges a claim within the term of the Contract, the Customer shall be deemed to have accepted the Terms unconditionally.

 

 

3. CUSTOMER CONSENTS AND CONFIRMATIONS

3.1. Further, the Customer hereby consents to the use of the Personal Information by Mobuyls to provide the various services under the Plan(s) offered by Mobuyls. Mobuyls respects the privacy of the Customer and the confidentiality of Customer’s Personal Information so collected by Mobuyls by itself or on its behalf and shall take all reasonable steps to protect it and maintain its confidentiality. 3.2. The Customer expressly and without limitation, consents to Mobuyls or its service partners recording phone calls between the Customer and Mobuyls on the helpline numbers set out in the relevant Plan Terms for Mobuyls 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. 3.3. The Customer acknowledges that Mobuyls 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. 3.4. The Customer hereby provides his/her consent to Mobuyls for appointing agents to collect the amount payable to Mobuyls, as may be considered necessary at the sole discretion of Mobuyls. 3.5. The Customer acknowledges that Mobuyls may engage third parties including Service Partners for the fulfillment of the services and the Customer hereby consents to Mobuyls 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, to service the Customer. 3.6. The Customer hereby consents to Mobuyls identifying any service providers and/or products that may be of some interest to the Customer. 3.7. The Customer here by consents to receive period SMS/Email communication from Mobuyls of information about its product features/services.

 

 

4. FEES & CHARGES

4.1. Mobuyls 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 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 Mobuyls Plan(s) is subject to realization/receipt of the Plan Fee and receipt of documents and device related information as specified in the activation form on www.Mobuyls.com 4.4. The warranty period for the RW is valid for a fixed period, starting from the date on which the QC is done (akin to the re-manufacturing date). The Customer is advised to check the Warranty validity on the link provided on Mobuyls website 4.5. The Customer shall make payment of all charges in advance at the time of subscribing to Services 4.6. For Services to be provided by Mobuyls for repair/replacement necessitated by non-covered breakdowns, Customer shall forthwith make payments towards cash receipt or invoice raised by Mobuyls or its Authorized representative 4.7. Charges payable by the Customer are exclusive of taxes, duties or levies unless expressly stated to the contrary 4.8. Charges payable for accessories used for Re-installation, if not provided by customer will have to be borne by the customer.

 

5. SERVICING OF CLAIMS

5.1. The Customer acknowledges and understands that service or payment of any benefit under the Plan shall be at the sole discretion of Mobuyls. 5.2. Any service request made by the Customer under these Terms and Plan Terms shall be subject to the following: i. The Customer has met and complied with the Terms and the Plan Terms (as applicable). This also applies to terms and conditions set out herein and any others which may be added to the Terms and/or the Plan Terms and communicated to the Customer at a later date. ii. When The Customer is raising a Service Request to Mobuyls, the customer would be asked to activate the Warranty Plan by completing the registration through the Mobuyls Website, if the Warranty Plan has not been activated by Customer already. iii. The Customer having provided Mobuyls with full and accurate information in connection with the services plan, as applicable. iv. The Customer having acted in a bona fide manner to make a service request. v. The Customer has complied with the requirements of the service plan to process the service request. vi. Service request form duly filled and submitted by the Customer. vii. Invoice copy viii. Govt. issued ID proof. ix. Any other document or evidence as may be required by Mobuyls 5.3. Notwithstanding anything contained hereinabove, Mobuyls shall not be obliged to entertain any service request from the Customer unless (i) the Customer is over the age of 18 years at the time of Plan activation and a resident of India, and (ii) the Plan Fee up to the date of service has been paid.

 

6. CANCELLATIONS/ RENEWAL/TERMINATION

6.1. Mobuyls will cancel the Terms and/or the Plan Terms if Mobuyls does not receive the Plan Fee (all inclusive) on the date it is due. 6.2. Mobuyls will cancel the Terms and/or the Plan Terms if the Customer has at any time: i. Agreed to help any third party to try to fraudulently or dishonestly obtain money from Mobuyls ii. Is in violation of applicable law as may be relevant to the use of the Plan(s); or iii. Failed to meet the Terms and/or the Plan Terms, or to act in good faith, openly, honestly and in a bonafide manner towards Mobuyls including by providing false or inaccurate information; and iv. Customer fails to return to Mobuyls or its authorized Service Partner(s) any goods/devices temporarily lent to him/her or money advanced on an emergency basis to him/her which are to be returned/reimbursed/paid as per the terms of the Plan to Mobuyls or to its authorized Service Partner. There is no free look-in period for RW. 6.3. Mobuyls RW Plan will be terminated in the following scenarios: i. At the closing hours of the coverage end date. ii. We replace your product or offer you a monetary settlement in lieu of the same, whichever happens earlier.

 

7. CONFIDENTIALITY

7.1. Mobuyls 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. REPRESENTATIONS AND WARRANTIES

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. OBLIGATIONS AND COVENANTS OF THE CUSTOMER 9.1. If the Customer receives a benefit as contemplated under any specific Plan Terms and it is later discovered that the service request was dishonest, fraudulent or false, Mobuyls will take steps to recover from the Customer, such payment(s) made to the Customer, either by Mobuyls 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 undertakes and covenants that he/she shall not 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: i. Belongs to another person and to which the user does not have any right to or which is confidential; ii. Is an impersonation of another person, grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; iii. Harm minors in any way; iv. Infringes any patent, trademark, copyright or other proprietary rights; v. Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; vi. Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or vii. Threatens the unity, integrity, defense, security or sovereignty of India or seditious, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any other nation or violates any other provision of law.

 

10. LIMITATION OF LIABILITY

10.1. Mobuyls shall not be liable to the customer for any damages resulting from or related to any services performed by Mobuyls hereunder, including, but not limited to, any loss of data or software, inability of Mobuyls to correct any errors, malfunctions and defects in the product/equipment/hardware/software delay of Mobuyls in performing any services hereunder. 10.2. In no event, shall Mobuyls be liable to the customer for any indirect, special, or consequential damages or lost profits arising out of or related to services provided by the Mobuyls under this contract, even if Mobuyls has been advised of the possibility thereof, or knew or should have known thereof. 10.3. The maximum liability of Mobuyls for each incidence shall not exceed the Plan Fee .

 

11. INDEMNITY

11.1. The Customer hereby agrees to defend, indemnify and hold Mobuyls 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 Mobuyls or its officers or employees arising out of: i. Any wrongful act or omission of the Customer in relation to the usage of the Plan(s); ii. Any willful misconduct, gross negligence or fraud by the Customer; iii. Any failure of the Customer to comply with the applicable law; iv. Any breach of the representations, warranties, obligations and covenants of the Customer or a default of the Customer’s obligations; and v. Any third party claims arising out of the Customer’s use of the Plan(s). 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 Mobuyls may have, either at law in the Terms and/or the Plan Terms.

 

12. NOTICES

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 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. K K ENTERPRISES at 13/36 GAFFAR MARKET,KAROL BAGH, NEW DELHI-110005, India.

13. MISCELLLANEOUS

13.1. The Terms will enure to the benefit of the legal successors of Mobuyls. Other than as stated above, no assignment of the Terms is possible. 13.2. Mobuyls 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, riots, acts of war, natural disaster, fire and explosions, or any other events reasonably beyond the control of either party. 13.3. Mobuyls 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. 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 Delhi. The language of the arbitration proceedings shall be English. The decision of the arbitrator shall be final and binding on the parties.

 

 

14. SERVICE DESCRIPTION

 

 

14.1. Definitions

i. The definitions as set out herein are in addition to the definitions as set out in the General Terms ii. “Device” shall mean the item/appliance/equipment of the Customer for which he is purchasing the Service Plan. The Customer can only avail of the RW Plan in relation to one Device eg. a Laptop or a Mobile phone or Tablet etc. ie one Plan per Device. “SIM Card” shall mean the Subscriber Identification Module card of the Customer which is used by the Customer in his/her Mobile Phone or Tablet iii. “SMS” shall mean short message service iv. “Telecom Service Provider” shall mean the telecom service provider who provides the Customer with the SIM Card and Mobile Phone connection v. “Beneficiary” shall mean the buyer of the Mobuyls Protection Service Plan, who has opted for the Service under this Plan and has got the same activated, as per the terms and conditions of this Plan, with the details which are intimated to Customer under the Declaration. It is agreed that the Device should be in the name of Customer. Where the Customer 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 Customer or immediate family members restricted to parents, spouse and children only or where such customer is a corporate entity, Beneficiary shall mean any representative/employee of the customer who is authorized by the customer to use the Covered Device vi. “Official Channel” shall mean Manufacturer, Manufacturer Subsidiary Company, Mobuyls Authorized Retailer/Dealer/Distributor, Authorized Service Partners, Online Retail channel and Mobuyls official website & apps vii. “Normal Operating Condition” shall mean ability of the Device to perform its specified function subject to the acceptable level of change in performance due to ageing or climatic conditions. The acceptable level of change for this purpose will be as per the respective Manufacturer’s specifications viii. “Normal Use” shall mean use of the Device in accordance with the Manufacturer’s guidelines for Device usages including but not limited to regular maintenance and upkeep of the Device , usage of specified protection device such as voltage stabilizer ix. “Mechanical/Electrical Breakdown” shall mean defect, the breaking or burning out (electrical) of any defined parts of the covered Device arising from mechanical or electrical defect causing sudden stoppage of their functions, necessitating visit, repair or replacement x. “Covered Breakdown” shall mean breakdown covered during the manufacturer’s warranty/Guarantee period. The covered breakdown will vary for each Device in accordance with the manufacturer’s warranty/guarantee for the said period xi. “Onsite Repairs” shall mean the repair technician will visit the premises where the Device has been installed to provide the repair services xii. We, Us, Our: The issure of RW Plan i.e Mobuyls xiii. You, Your: The person to home we are issuing RW plan.

 

 

 

14.2. Coverage:

i. Only those products & brands which are sold through a seller who has done the QC as per the policies defined by Mobuyls and supported by an invoice from the seller showing the purchase of RW. The Warranty validity is for a fixed period from the QC date ie the de-facto re-manufacturing date. The customer is advised to check the validity of warranty from the link available on the Mobuyls website. ii. RW provides warranty for Refurbished Devices against any malfunctions or breakdown for the duration of the validity of the Plan. In consideration of the RW fee paid by you, we will provide the cost of repair for the covered breakdown of your Device during the period of RW, subject to the terms and conditions, exceptions and limitations contained herein or endorsed hereupon in future. We will organize for the repairs to normal operating condition or replace at our discretion with an equivalent Device or provide a settlement by way of monetary settlement at our sole discretion, after it has suffered a covered break down during normal use iii. This contract covers the cost of parts and labor for the Device on an onsite service basis. Cost of transportation is covered, if required, for transporting the unit to the service center and back for repairs which are not technically advisable to be performed at your premises

 

 

 

14.3. Conditions of Cover

i. You must be at least 18 years old on the date of purchase of RW Plan ii. RW Plan is limited to Devices that are purchased through authorized RW sellers of Mobuyls in select cities within defined geographic boundary of the Republic of India. iii. At point of service, during the RW plan duration, the customer is required to show the proof of purchase i.e. Device purchase invoice iv. Mobuyls reserves the right to deny service and cancel the RW Plan without any refund whatsoever, if Customer fails to produce the above information v. Mobuyls or its authorized service providers shall provide Services only during normal working hours on regular working days of Mobuyls and/or its authorized service providers vi. Normal working hours would be 9:00 am to 6:00 pm on all days excluding public holidays vii. The RW Plan becomes void if the tamper-proof seals on the Device are found broken, when the Device is attended to by Mobuyls engineer. viii. RW Plan covers the cost of parts and labor charges for at-home service within the city/municipal limits of the Mobuyls Service Centers. Mobuyls will transport the Device to service center for performing repairs, if required and if the Device location is within its serviceable area ix. Providing service at locations which are not in the serviceable limit of Mobuyls: Mobuyls reserves the right to provide adequate solution by either refund of the plan fee or advice customer to get it repaired through an authorized brand service center and then claim reimbursement subject to satisfactory verification of documents/proofs as demanded by Mobuyls. x. In all such cases, the customer should present a repair estimate from the authorized brand service center and proceed with repairs only when explicit approval is given by us. Our liability in all such cases will be towards the covered damages only xi. All the documents should reach Mobuyls within 30 days of your first intimating the service request to us. xii. In case the defective unit needs to be transported to service center and it is outside the serviceable limit of Mobuyls, Customer shall arrange for the same and Mobuyls will reimburse the amount upon producing valid invoice towards the same. Customer shall take full responsibility of the Device during transportation and indemnify Mobuyls of any damage that occurs during this process xiii. During the validity of the RW Plan, Mobuyls will attend to the defects reported by the customer, including replacement of the defective electrical/electronic components that are required to be replaced to make the Device electrically functional. This is subject to the condition, the breakdown of the Device being due to normal usage xiv. In case the damage/malfunction of the device is due to reasons other than that covered under RW or it is caused by conditions defined under exclusions, Mobuyls shall offer to repair the device for the customer. The cost of such repairs like labor, visit, cost of parts replaced, cost of transporting the device to service center (if required) will have to be borne by the Customer xv. All defective components replaced by Mobuyls shall become the property of Mobuyls and the customer shall not claim any right to the same xvi. Defects and/or Parts not covered under the original manufacturer’s warranty, will not be covered under RW Plan xvii. All defective components will be replaced with parts which are new or like new in performance adhering to manufacturer’s specifications, at our sole discretion xviii. In case the cost of repair exceeds 80% of the price at which the Refurbished Device was purchased, or the Device cannot be repaired within the reasonable time or reasons beyond its control, Mobuyls shall have the discretion to compensate the prevailing market value of the Device post applicable depreciation. Please refer to the section ‘Basis of Loss Settlement’ to know depreciation schedule xix. In case we compensate you as above, all our obligations under this contract are deemed fulfilled and the plan coverage stands terminated. The defective Device in all such cases shall become our property and the same should not be destroyed, or damaged, or salvaged by you under any circumstances xx. Mobuyls at its sole discretion determines the issuances of standby/loaner unit subject to availability and for select city and select Device category

 

 

 

14.4. Covered Devices

i. Mobile Phones etc. ii. The refurbished devices purchased in INDIA through assigned legal channel only, will be considered under this service plan.

 

14.5. Service Assurance for Qualifying Brands

i. In the event of your Device requiring repair, Mobuyls will undertake to get your Device repaired ii. Subject to the other terms and conditions mentioned in this document, Mobuyls provides committed timelines for repairs of Devices. In the event that your Device requires repairs, Mobuyls will get the repairs carried out within a period of 15 working days from the date of registering a request with Mobuyls. If Mobuyls is unable to get your Device repaired within the time period specified above from the date of registering a request, you will be eligible to receive a replacement Device or a settlement amount reflecting prevailing market value of your Device post applicable depreciation at the sole discretion of Mobuyls, provided that: a. There is no delay in providing access to the Device to us when we request you to provide such access to us for repairs; any delay in providing access to the Device will extend the commitment by the delayed period b. You are able to provide the correct documentation to us on time when we request you for it; any delay in handing over the correct documentation to us will extend the commitment by the delayed period c. You respond within reasonable time to request(s) for any relevant information regarding the Device or to any other information sought by us to process your request quickly; any delay in responding to us in a timely manner will extend the commitment by the delayed period iii. At times, unforeseen events disrupt the supply of spare parts for an extended period of time, or manufacturing brands at times are unable to provide spare parts due unforeseen circumstances in their operations. While Mobuyls will make all efforts to provide a resolution in the committed timelines, the Service Timeline will not apply when spare parts supply is disrupted due to events over which Mobuyls has no control especially when those events disrupt global supply chains. However, Mobuyls shall inform you of any such delay and provide you confirmation from the brands or its authorized representatives on the delay. 14.6. Covered Amount: cost of equipment only as per purchase invoice or covered amount as per Mobuyls plan selected by the customer, whichever is lower 14.7. BER (Beyond Economical Repairs): is the cost of repair equal to or more than 90% of Invoice Value. 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 Mobuyls at its 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 14.8. Basis of Loss Settlement: i. In case of Total Loss or BER of the covered device, Mobuyls shall refund Invoice value of the device after deducting any previous service amount and depreciation as applicable. In such event, damaged device will be retained by Mobuyls. ii. For replacement cases, the basis of settlement will be the replacement value subject to deducting any previous service amount and depreciation applicable as per total loss cases. iii. If the estimate is more than the amount limit, repair can be done on the basis of differential amount to be paid by the customer iv. The plan will get terminated immediately for the covered device for all such cases v. Depreciation Chart: Applicable only for Total Loss / BER cases – Age of the Insured Device Depreciation %age on invoice value of purchase of Refurbished Device Within the Plan period 10% vi. If we compensate you as above, all our obligations under this contract will be deemed fulfilled and there will no longer be any coverage under the plan. 14.9 Mandatory Device related information for plan activation: i. It is mandatory for the Customer to provide the following device related information to Mobuyls for the purpose of activating the plan. 1. Customer Name 2. Address 3. Landmark 4. PIN Code 5. Email ID 6. Contact Number 7. Brand name 8. Model no. 9. IMEI no. / Serial no. 10. Invoice value 11. Invoice date 12. Upload Invoice copy 13. Upload valid Govt. ID (PAN Card / Aadhaar Card / Driving License) ii. Whereas Mobuyls 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 Mobuyls. Also, the invoice value of the invoice which is uploaded should match the Invoice Value shown in Order Summary on the Registration Screen. Mobuyls will be able to activate the plan on the said device only after receiving the above-mentioned information. In case of non-receipt of the above-mentioned information OR mis-match in the Invoice Value, any service request on the said Device may be declined by Mobuyls. iii. 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. Mobuyls may return the device unrepaired in case Apple ID is not deactivated.

 

 

14.10 Exclusions

i. Any problems or defects not covered by manufacturer’s warranty ii. Service of Devices which are not supported by valid Proof of Purchase by customer shall not be admissible under the policy iii. Non-operating and cosmetic damage to the Device , such as damage to paintwork, Product finish, dents or scratches iv. Accessories used in or with the Device including but not limited to remote, batteries, USB/HDMI cable and replacement of any consumable item or accessory v. Normal wear and tear items, not integral or necessary to the functioning of the Devices or routine service vi. Routine maintenance, cleaning, lubrication, adjustments or alignments, overhaul, modifications and descaling vii. Physical Damage to the Device ( like broken or cracked Screen, broken hinges, broken keys, burnt adapters or cables etc ) due to accident, misuse, abuse, neglect or improper maintenance viii. Damage resulting from power outage, power surges or drips, fluctuating voltage, inadequate or improper voltage or current ix. Replacement of any consumable item or accessory. These include, but are not limited to batteries, bags, covers, plugs, fuses, light bulbs, light covers, cables, filters, attachment, belts, toners, ribbons, drums, tapes or software, and add-on options incorporated in a Device for which the RW Plan was purchased x. Damage caused by unauthorized modification, alteration, adjustment, repair, service or installation by unauthorized personnel is not covered. Such unauthorized repair or replacement of covered Devices shall result in the cancellation of this Plan xi. Damage caused by unauthorized repair, theft, burglary and accident including earthquake, storm and or hurricane, abuse, misuse, sand, dust, water, negligence, fire, flood, lightning, malicious damage, impact, corrosion, battery leakage, acts of god, pandemic, animal or insect infestation or intrusion xii. Reception or transmission problems resulting from external causes xiii.Problems or defects caused by unauthorized modifications/repairs or failure to follow the manufacturer’s operating manual xiv. Any Incidental Costs arising from being unable to use the Device or from damage which results from the Breakdown of the Device xv. Damage/failure caused before or during Transportation or Device delivery xvi. Service of Device on which the Manufacturer’s label or logo, rating label or Serial number have been defaced or removed xvii. Claims that is false or fraudulent or intentionally exaggerated or if any false declarations or statements be made in support thereof, no claim for that insured unit shall be recoverable hereunder xviii. Service on third party products or software not supplied/authorized by the Manufacturer that may be installed in or used in connection with the Device xix. Use of accessories not approved by the manufacturer, incorrect electrical leads or connection xx. Replacement or fixes of unauthorized software not installed by respective brand/company xxi. Failure due to physical damages, improper site conditions, rain or weather conditions liquid spillage, damage caused by rodents or pests xxii. Breakdown caused by computer virus or realignments to the Device xxiii. Commercial usage of appliances in cases where service contract is of retail nature xxiv. Damage/failure caused before or during Device delivery xxv. Any consequential or incidental damages arising from the use or loss of use of the Device xxvi. The cost of repairing, restoring computer software xxvii. Loss of data, software or any other information

 

 

 

14.11 Service Request process:

i. You are required to intimate about the problem to Mobuyls within 7 calendar days of its occurrence beyond which the request is liable to be rejected ii. Customer is required to call Mobuyls Experience Center no. 8860396039 or login to www.Mobuyls.com within 48 hours of discovering the damage. . If customer has not activated the Plan, he is advised to do the same before availing the Service iii. Mobuyls team registers the service request and acknowledges the service request with SR no. to the customer over SMS iv. Depending upon your Device and/or the nature of issue faced by you, you may be asked to follow some trouble shooting steps before registering a service request. Please follow the troubleshooting steps before registering the request.

 

 

 

14.12 Customer Responsibilities:

i. You need to ACTIVATE the RW Plan immediately upon buying or within a period as prescribed by Mobuyls. Refer to the Mobuyls sticker on the Device, if available or Helpline or Official Website for activation procedures ii. You will be required to provide us with a copy of the complete set of requisite documents at the time of activation and service request. If the Serial Number of the device has changed due to repairs or replacement by the manufacturer/retailer, please provide us with a copy of the Swap Letter that clearly mentions the current and old Serial Number of the device within 15 days of such replacement iii. You are required to check that the invoice provided by your seller mentions the Device details accurately and mentions the RW Plan. iv. You are required to report the problem to Mobuyls within 7 calendar days of its occurrence beyond which the request is liable to be rejected v. It is your responsibility to properly maintain, store and use your Device according to the manufacturer instructions and take all reasonable steps to use your equipment as prescribed by the manufacturer vi. You agree to return the defective spares or Device to Mobuyls wherever requested vii. NON-FULFILMENT of ANY of the above conditions may result in the plan being considered as void and all requests made against RW Plan are liable to be rejected viii. Customer shall provide representative of Mobuyls/its service provider full access to the Equipment/Device in order to effect necessary adjustments and repairs ix. Customer shall provide adequate storage space for spare parts, test Product/Equipment and adequate work space, heat, light, ventilation and electric current for use by representative of Mobuyls/its authorized representative for provision of Services at Customer's location x. Customer shall cooperate with Mobuyls or its authorized representatives at the time of service request and will provide with all the requisite documents asked for, for processing the service request xi. Customer shall be responsible to de-install all add-ons and/or accessories from the Device before providing the same to Mobuyls for Services, maintain backup copy of all software and data, restore software and data on the unit after repair xii. Customer shall register all complaints/requests for Services only through official Mobuyls Call Center/Mobuyls App/Mobuyls website xiii. Customer shall comply with all applicable laws, rules and regulations xiv. Customer shall indemnify us and hold harmless against any act of omission and commission and any consequences arising thereof and defend Mobuyls from and against all claims, arising as a result of breach of this Contract xv. Customer shall inform Mobuyls in writing of any change in the billing address. Any written communication, billing statement or notice from Mobuyls to Customer will be deemed as served within 48 hours of posting by ordinary mail or earlier as the case may be xvi. Customer agrees that it shall be its responsibility to be aware of the Contract and the changes therein. Ignorance if any shall be the total responsibility of the Customer xvii. The Customer understands that the Services have been subscribed on his/her own name and name change in any circumstances is not permitted xviii. Customer shall not assign any right or interest or delegate any obligation arising herein to any person without Mobuyls‘s prior written consent xix. The Customer is solely responsible for any unauthorized transfer/change in ownership of the Device xx. Customer shall return the standby/loan spare parts, if any provided by Mobuyls on or before Mobuyls returning the original set/Spares to the Customer

 

 

 

15. DISPUTES & JURISDICTION

15.1 The validity, construction and performances of terms herein shall be governed by and interpreted in accordance with the laws of the Republic of India, 15.2 The parties hereto unconditionally and irrevocably agree to submit to the exclusive jurisdiction of the competent Courts in Delhi with regard to any matter or dispute arising hereto or any other documents that may be executed by the parties here to

 

 

Extended Warranty (EW)

 

 

1. DEFINITIONS

1.1. “Device” : shall mean the item/appliance/equipment of the Customer for which he is purchasing the Service Plan 1.2. Product : shall mean the Service Plans offered by Mobuyls from time to time 1.3. “Plan(s)”: shall mean either or all of the services package offered by Mobuyls from time to time 1.4. “Plan Fee” shall mean the fees charged by Mobuyls 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. 1.5. “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). 1.6. “Plan Eligibility” This Plan can be purchased on the same day of the original purchase of the Device, and subject to the Device being in its perfect working condition 1.7. “Free Look-In Period” shall mean the number of days from the date of purchase of the Plan(s) within which the Customer may cancel the Plan(s) and obtain a refund of the Plan Fee. 1.8. “Service Partner” means any third-party service provider affiliated with Mobuyls. 1.9. “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. 1.10. “Service Center” means the Authorised Service Center of Mobuyls used for carrying out Damage device Repair/Replacement.

 

2. PURPOSE

2.1. These terms and conditions (“Terms”) shall govern the transaction between K K ENTERPRISES (“Mobuyls”) and the party whose name appears on the Order (“Customer”) in relation to the Plan(s) provided by Mobuyls. 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 Plan by sharing device details or avails of any benefit under any of the Plan Terms or lodges a claim within the term of the Contract, the Customer shall deem to have accepted the Terms unconditionally.

 

 

3. CUSTOMER CONSENTS AND CONFIRMATIONS

3.1. Further, the Customer hereby consents to the use of the Personal Information by Mobuyls for the purposes of providing the various services under the Plan(s) offered by Mobuyls. Mobuyls respects the privacy of the Customer and the confidentiality of Customer’s Personal Information so collected by Mobuyls by itself or on its behalf and shall take all reasonable steps to protect it and maintain its confidentiality. 3.2. The Customer expressly and without limitation, consents to Mobuyls or its service partners recording phone calls between the Customer and Mobuyls on the helpline numbers set out in the relevant Plan Terms in order for Mobuyls 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. 3.3. The Customer acknowledges that Mobuyls 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. 3.4. The Customer hereby provides his/her consent to Mobuyls for appointing agents to collect amount payable to Mobuyls, as may be considered necessary at the sole discretion of Mobuyls. 3.5. The Customer acknowledges that Mobuyls may engage third parties including Service Partners for the fulfilment of the services and the Customer hereby consents to Mobuyls 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. 3.6. The Customer hereby consents to Mobuyls identifying any service providers and/or products that may be of some interest to the Customer. 3.7. The Customer hereby consents to receiving period SMS / email communication from Mobuyls of information pertaining to its product features / services.

 

 

 

4. FEES & CHARGES

4.1. Mobuyls 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 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 Mobuyls Plan(s) is subject to realization/receipt of the Plan Fee and receipt of documents and device related information as specified in the activation form on www.Mobuyls.com 4.4. Customer shall make payment of all charges in advance at the time of subscribing for the Services 4.5. For Services to be provided by Mobuyls for repair/replacement necessitated by non-covered breakdowns, Customer shall forthwith make payments towards cash receipt or invoice raised by Mobuyls or its Authorized representative 4.6. Charges payable by the Customer are exclusive of taxes, duties or levies unless expressly stated to the contrary 4.7. If due to any reasons the Device is replaced by the original manufacturer with a Device of different size /capacity/model/brand but of the same Device category, Customer shall be responsible to make payment of differential amounts to Mobuyls for increase in the charges due to change in the Devices/Equipment 4.8. Mobuyls shall however, not be responsible for refunding any money to the Customer if replacement of the Device /Equipment by the original manufacturer with a Device /Equipment of different size/capacity/model/brand but of the same Device category leads to reduction in the charges for Services 4.9. Charges payable for accessories used for Re-installation, if not provided by customer will have to be borne by the customer

 

 

 

5. SERVICING OF CLAIMS

5.1. The Customer acknowledges and understands that service or payment of any benefit under the Plan shall be at the sole discretion of Mobuyls. 5.2. Any service request made by the Customer under these Terms and Plan Terms shall be subject to the following: i. The Customer having met and complied with the Terms and the Plan Terms (as applicable). This also applies to terms and conditions set out herein and any others which may be added to the Terms and/or the Plan Terms and communicated to the Customer at a later date ii. When Customer is raising a Service Request to Mobuyls, the customer would be asked to activate the Warranty Plan by completing the registration thru Mobuyls Website, if the Warranty Plan has not been activated by Customer already iii. The Customer having provided Mobuyls with full and accurate information in connection with the services plan, as applicable iv. The Customer having acted in a bona fide manner to make a service request v. The Customer having complied with the requirements of the service plan for the purposes of processing the service request vi. Service request form duly filled & submitted by the Customer vii. Invoice copy viii. Govt. issued ID proof ix. Any other document or evidence as may be required by Mobuyls 5.3. Notwithstanding anything contained hereinabove, Mobuyls shall not be obliged to entertain any service request from the Customer unless (i) the Customer is over the age of 18 years at the time of Plan activation and a resident of India, and (ii) the Plan Fee up to the date of service has been paid.

 

6. CANCELLATIONS/ RENEWAL/TERMINATION

6.1. Mobuyls will cancel the Terms and/or the Plan Terms if Mobuyls does not receive the Plan Fee (all inclusive) on the date it is due. 6.2. Mobuyls may cancel the plan if the information/documents, device details or an image as stipulated in the plan, that may be required for the purpose of the service plan activation is not made available within 30 days of purchase of the plan 6.3. Mobuyls will cancel the Terms and/or the Plan Terms if the Customer has at any time: i. Agreed to help any third party to try to fraudulently or dishonestly obtain money from Mobuyls ii. Is in violation of applicable law as may be relevant to the use of the Plan(s); or iii. Failed to meet the Terms and/or the Plan Terms, or to act in good faith, openly, honestly and in a bonafide manner towards Mobuyls including by providing false or inaccurate information; and iv. Customer fails to return to Mobuyls or its authorized Service Partner(s) any goods/devices temporarily lent to him/her or money advanced on an emergency basis to him/her which are to be returned/reimbursed/paid as per the terms of the Plan to Mobuyls or to its authorized Service Partner. 6.4. If notice of termination is provided by the Customer within the Free Look-In Period of 48 hours, a full refund is available. However, if the Customer has lodged a service request or availed of any benefit under any of the Plan Terms any time during the term of the plan, no refund will be available. Period Refund Percentage – 2 days 100% > 2 days No Refund 6.5. The above refund percentage is on Plan Fee. 6.6. In addition to the typical termination that exists in Mobuyls Extended Warranty T&C, the Plan will be terminated in the following scenarios: i. At the closing hours of the coverage end date. ii. We replace your Device or offer you a monetary settlement in lieu of the same, Whichever happens earlier

 

 

7. CONFIDENTIALITY

7.1. Mobuyls 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. REPRESENTATIONS AND WARRANTIES

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. OBLIGATIONS AND COVENANTS OF THE CUSTOMER

9.1. If the Customer receives a benefit as contemplated under any specific Plan Terms and it is later discovered that the service request was dishonest, fraudulent or false, Mobuyls will take steps to recover from the Customer, such payment(s) made to the Customer, either by Mobuyls 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 undertakes and covenants that he/she shall not 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: i. Belongs to another person and to which the user does not have any right to or which is confidential; ii. Is an impersonation of another person, grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; iii. Harm minors in any way; iv Infringes any patent, trademark, copyright or other proprietary rights; v. Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; vi. Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or vii. Threatens the unity, integrity, defense, security or sovereignty of India or seditious, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any other nation or violates any other provision of law.

 

 

 

10. LIMITATION OF LIABILITY


10.1. Mobuyls shall not be liable to the customer for any damages resulting from or related to any services performed by Mobuyls hereunder, including, but not limited to, any loss of data or software, inability of Mobuyls to correct any errors, malfunctions and defects in the Device/equipment/hardware/software delay of Mobuyls in performing any services hereunder. 10.2. In no event, shall Mobuyls be liable to the customer for any indirect, special, or consequential damages or lost profits arising out of or related to services provided by the Mobuyls under this contract, even if Mobuyls has been advised of the possibility thereof, or knew or should have known thereof. 10.3. The maximum liability of Mobuyls for each incidence shall not exceed the Plan Fee

 

 

11. INDEMNITY

11.1. The Customer hereby agrees to defend, indemnify and hold Mobuyls 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 Mobuyls or its officers or employees arising out of: i. Any wrongful act or omission of the Customer in relation to the usage of the Plan(s); ii. Any willful misconduct, gross negligence or fraud by the Customer; iii. Any failure of the Customer to comply with the applicable law; iv. Any breach of the representations, warranties, obligations and covenants of the Customer or a default of the Customer’s obligations; and v. Any third party claims arising out of the Customer’s use of the Plan(s). 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 Mobuyls may have, either at law in the Terms and/or the Plan Terms

 

 

12. NOTICES

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 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. K K ENTERPRISES at A-1, 3rd Floor, Block A, Okhla Industrial Area, Phase 2, New Delhi - 110020, India

 

 

 

13. MISCELLLANEOUS

13.1. The Terms will enure to the benefit of the legal successors of Mobuyls. Other than as stated above, no assignment of the Terms is possible. 13.2. Mobuyls 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, riots, acts of war, natural disaster, fire and explosions, or any other events reasonably beyond the control of either party. 13.3. Mobuyls 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. 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 Delhi. The language of the arbitration proceedings shall be English. The decision of the arbitrator shall be final and binding on the parties.

 

 

 

14. SERVICE DESCRIPTION

14.1. Definitions i. The definitions as set out herein are in addition to the definitions as set out in the General Terms ii. “Device” shall mean the item/appliance/equipment of the Customer for which he is purchasing the Service Plan. The Customer can only avail of the Protection Plan in relation to one Device eg. a Laptop, Mobile Phone, Air-Conditioner, Refrigerator etc, i.e. one Plan per Device iii. “SIM Card” shall mean the Subscriber Identification Module card of the Customer which is used by the Customer in his/her Mobile Phone or Tablet iv. “SMS” shall mean short message service v. “Telecom Service Provider” shall mean the telecom service provider who provides the Customer with the SIM Card and Mobile Phone connection vi. “Beneficiary” shall mean the buyer of the Mobuyls Protection Service Plan, who has opted for the Service under this Plan and has got the same activated, as per the terms and conditions of this Plan, with the details which are intimated to Customer under the Declaration. It is agreed that the Device should be in the name of Customer. Where the Customer 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 Customer or immediate family members restricted to parents, spouse and children only or where such customer is a corporate entity, Beneficiary shall mean any representative/employee of the customer who is authorized by the customer to use the Covered Device vii. “Official Channel” shall mean Manufacturer, Manufacturer Subsidiary Company, Mobuyls Authorized Retailer/Dealer/Distributor, Authorized Service Partners, Online Retail channel and Mobuyls official website & apps viii. “Normal Operating Condition” shall mean ability of the Device to perform its specified function subject to the acceptable level of change in performance due to ageing or climatic conditions. The acceptable level of change for this purpose will be as per the respective Manufacturer’s specifications ix. “Normal Use” shall mean use of the Device in accordance with the Manufacturer’s guidelines for Device usages including but not limited to regular maintenance and upkeep of the Device, usage of specified protection device such as voltage stabilizer x. “Mechanical/Electrical Breakdown” shall mean defect, the breaking or burning out (electrical) of any defined parts of the covered Device arising from mechanical or electrical defect causing sudden stoppage of their functions, necessitating visit, repair or replacement xi. “Covered Breakdown” shall mean breakdown covered during the manufacturer’s warranty/Guarantee period. The covered breakdown will vary for each Device in accordance with the manufacturer’s warranty/guarantee for the said period xii. “Onsite Repairs” shall mean the repair engineer will visit the premises where the Device has been installed to provide the repair services xiii. “Manufacturer’s Warranty/Guarantee” shall mean the original Warranty/guarantee provided by the respective Manufacturer to the respective Device as per Manufacturer’s Warranty/Guarantee terms & conditions xiv. “Manufacturer’s Warranty/Guarantee Period” shall mean uninterrupted period of the manufacturer’s warranty/guarantee cover as stated on the original official manufacturer’s warranty/guarantee certificate and publications xv. “Extended Warranty” shall be an extension of manufacturer’s warranty terms by a continuous period of 1 year or 2 years or 3 years starting from the expiry of manufacturer’s warranty as per the plan opted by you xvi. “Service Contract Term” shall mean mechanical and electrical breakdown to the extent provided by the manufacturer’s warranty for domestic electrical/electronic Device manufactured in India or is legally imported in India and sold through official channel by an invoice and manufacturer’s warranty/Guarantee certificate. The Extended Warranty Plan cover commences on the expiration of the manufacturer’s warranty/guarantee period and is for a period mentioned in the service contract details of the service contract, and shall continue to remain in force for a period as applicable, unless terminated earlier as per terms herein. This Contract and the terms and conditions herein shall continue to remain in force if due to any reasons, the original manufacturer replaces the Device of the Customer with the Device of the same model during the manufacturer’s warranty period subject to such information being shared by you with Mobuyls on any such occasion. xvii. We, Us, Our: The issuer of Extended Warranty Plan i.e. Mobuyls xviii. You, Your: The person to whom we are issuing Extended Warranty Planx 14.2. Coverage: i. Only those Devices & brands which are manufactured in India or is legally imported in India & sold through Official Channels supported by an invoice & Manufacturer’s Warranty / Guarantee. Device should have minimum of one year manufacturer’s warranty ii. Extended Warranty Plan replicates the manufacturer’s warranty against any malfunctions or breakdown for the duration opted for by you. In consideration of the service contract fee paid by you, we will provide the cost of repair for the covered breakdown of your Device as mentioned in the contract, during the period of extended warranty, subject to the terms and conditions, exceptions and limitations contained herein or endorsed hereupon in future. We will organize for the repairs to normal operating condition or replace at our discretion with an equivalent Device or provide a settlement by way of monetary settlement at our sole discretion, after it has suffered a covered break down during normal use iii. This contract covers the cost of parts and labour for the Device on an onsite service basis. Cost of transportation is covered, if required, for transporting the unit to the service center and back for repairs which are not technically advisable to be performed at your premises 14.3. Conditions of Cover i. You must be at least 18 years old on the date of purchase of Extended Warranty Plan ii. Extended Warranty Plan is limited to Devices that are purchased in select cities within defined geographic boundary of the Republic of India. iii. Extended Warranty Plan only applies to items purchased as new. There is no cover for items described as ‘used’, ‘second hand’ or ‘refurbished’ iv. Extended Warranty Plan can be bought for all Devices outlined in the section 14.2 that carry a manufacturer’s warranty of 12, 24, or 36 months on the entire unit v. Extended Warranty Plan will cover only Devices that are under the Manufacturer’s original warranty. Any condition / act that voids the manufacturer’s warranty would result in Device becoming ineligible for EW vi. Extended Warranty Plan should be purchased and activated within 180 (one hundred eighty) days of date of purchase of Device vii. Extended Warranty Plan can only be purchased for Devices that haven’t been repaired under manufacturer’s warranty or otherwise before purchase of the plan. We reserve the right to reject any claim under Extended Warranty Plan if the Device has been repaired prior to your purchasing the plan viii. Extended Warranty Plan is applicable for a period of 12 months (1 year) or 24 months (2 year) or 36 months (3 year) from the date of the expiry of the Manufacturer’s warranty, as opted by you at the time of purchasing the plan. The plan cover period is also mentioned in the email that will be sent to you post successful activation of your plan by you ix. The Extended Warranty Plan shall become effective once Mobuyls, at its sole discretion, accepts the application of the customer and shall continue to remain in force for the period as applicable, unless terminated earlier as per terms herein x. At point of service, during the extended warranty plan duration, the customer is required to show the proof of purchase i.e.

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