CloudWalker Secure Cover - Terms & Conditions
Congratulations on purchasing this protection plan. Please read the terms and conditions, so that you understand the coverage under this plan.
This “CloudWalker Secure Cover Plan", herein also after referred to as “Cover Service” or “Plan” has been entered into between the Customer and OneAssist Consumer Solutions Private Limited, herein after referred to as "OneAssist", incorporated under the Companies Act, 1956 and having CIN U93090MH2011PTC218163 and the name & address of the customer, herein referred to as “Customer”, mentioned in the application form. The terms & conditions of the plan shall be fully binding on the customer for the product(s)/appliance(s)/equipment(s) covered, herein referred to as “Product(s)”.
Please note that the Plan covers the product under warranty terms and conditions of the original manufacturer and provides protection against accidental damage and burglary for the products covered under the plan up to Rs. 40,000.
STANDARD TERMS AND CONDITIONS
1.1.Plan(s): “Plan(s)” shall mean the CloudWalker Secure Cover plan purchased by the Customer from the Official Channel.
1.2.Plan Fee: shall mean the fees charged by CloudWalker 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 specific terms and conditions separately provided with the Terms herein which shall be specifically applicable in relation to each Plan(s).
1.4.Insurer: shall mean the third-party insurance company registered with the Insurance Regulatory and Development Authority of India, as OneAssist may partner with from time to time for the optional group insurance as an add-on benefit as may be applicable to the various Plans.
1.5.Service Partner: means any third-party logistics or repairs service provider affiliated with OneAssist.
1.6.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.
1.7.Customer: "Customer" is an individual that purchases the ‘CloudWalker Secure Cover’ services offered by Oneassist from the Official Channel.
1.8.SMS: "SMS" shall mean short message service.
2.1.These terms and conditions (“Terms”) shall govern the transaction between OneAssist Consumer Solutions Private Limited (“OneAssist”) and the party whose name appears on the Order (“Customer”) in relation to the Plan(s) provided by OneAssist.
2.2.These general terms and conditions define the framework and the respective obligations of the parties. Specific terms and conditions relating to the specific Plan(s) that has been availed or subscribed to by the Customer supplementing or derogating from these general terms and conditions may be agreed to in the Plan Terms in writing which shall be annexed to this Terms.
2.3.Customer acknowledges the receipt of the Terms and the Plan Terms, as applicable and agrees to be fully bound by the Terms and the relevant Plan Terms. In the event, the Customer avails of any service or benefit under any of the Plan Terms, or lodges a claim within the term of the group insurance policy, the Customer shall be deemed to have accepted the Terms unconditionally.
3. CUSTOMER CONSENTS AND CONFIRMATIONS
3.1.The Customer also hereby consents to the Personal Information being disclosed by OneAssist to any third party including any Insurer, Service Partner of OneAssist who will be either providing the optional group insurance or other benefit and/or services on each of the Plan(s) for the purposes of fulfilment of the services or if required by law.
3.2.The Customer expressly and without limitation, consents to CloudWalker, OneAssist or its Service Partners recording phone calls between the Customer and OneAssist on OneAssist’s helpline numbers set out in the relevant Plan Terms in order for OneAssist to inter alia (i) provide a record of the instructions received from the Customer and to share the same with the Service Partners, if required, (ii) allow itself or its Service Partners to monitor quality standards, (iii) training purposes, and (iv) meet legal and regulatory requirements.
3.3.The Customer acknowledges that OneAssist has the sole right to vary the features/benefits under the Plan(s) or the Plans or the amount or rate of the Plan Fee or part thereof, from time to time.
3.4.The Customer hereby provides his/her consent to OneAssist for appointing employees/collection agents to collect amounts payable to OneAssist, as may be considered necessary in the sole discretion of OneAssist and which shall be at the sole risk and cost of the Customer.
3.5.The Customer acknowledges that OneAssist may engage third parties including Service Partners for the fulfilment of the services and the Customer hereby consents to OneAssist disclosing, to the extent relevant, the Customer’s Personal Information and/or details of Plan(s) availed by the Customer to inter alia (a) our affiliates Service Partners (b) to our suppliers, vendors, for the purposes of servicing the Customer.
3.6.The Customer hereby consents to OneAssist identifying any other 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 OneAssist of information pertaining to its product features / services.
4.1.OneAssist shall charge the Plan Fee from the Customer for availing of the Plan(s) from time to time and for the duration of the respective Plan. The Plan Fee shall be payable in advance on CloudWalker’s website (www.cloudwalker.tv) and the Customer may make a one- time payment of the Plan Fee for the applicable period or authorize OneAssist/CloudWalker with appropriate debit instructions to deduct the Plan Fee from the Customer’s bank or credit/debit card from time to time including applicable taxes and levies.
4.2.The Plan Fee(s) for the respective Plan(s) shall be as more particularly set out in the Plan Terms.
4.3.Activation of OneAssist Plan(s) is subject to realization/receipt of the Plan Fee by OneAssist. However, activation of the group insurance cover is subject to receipt of documents and Product related information as specified in the Insurance cover section hereunder.
SERVICING OF SERVICE REQUESTS & CLAIMS
5.1.The Customer acknowledges and understands that claim or payment of any benefit covered by an optional group insurance cover shall be at the sole discretion of the Insurer as per applicable terms and conditions of the group insurance policy, and OneAssist shall only provide assistance in facilitation of the claim by liaising with the Insurer.
5.2.Any service requests or claims made by the Customer under these Terms and Plan Terms shall be subject to the following:
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;
The Customer having provided OneAssist with full and accurate information in connection with the coverage, as applicable;
The Customer having acted in a bona fide manner to make a service request or a claim;
- The Customer having complied with the requirements of the Insurer for the purposes of processing the claim may be required from time to time:
- Insurer’s claim form duly filled & signed by the Customer; and
- Invoice copy
- Any other document as may be required
3.3..Notwithstanding anything contained hereinabove, the Insurer and/or OneAssist shall not be obliged to entertain any claim from the Customer unless (i) the Customer is over the age of 18 years and a resident of India, and (ii) the Plan Fee up to the date of claim has been paid
6.1.Once the plan has been purchased by the customer, cancellation is not possible.
6.2.OneAssist will cancel the Terms and/or the Plan Terms if OneAssist does not receive the Plan Fee (all inclusive) on the date it is due.
6.3.OneAssist will cancel the Terms and/or the Plan Terms if the Customer has at any time:
- agreed to help any third party to try to fraudulently or dishonestly obtain money from OneAssist or the Insurer; or
is in violation of applicable law as may be relevant to the use of the Plan(s); or
failed to meet the Terms and/or the Plan Terms, or to act in good faith, openly, honestly and in a bona fide manner towards OneAssist or the Insurer including by providing false or inaccurate information; and
Customer fails to return to OneAssist or its authorized Service Partner(s) any goods/devices temporarily lent to him/her or money advanced on an emergency basis to him/her or tickets or hotel bookings made on behalf of the Customer and which are to be returned/reimbursed/paid as per the terms of the Plan to OneAssist or to its authorized Service Partner. No separate cancellation will be allowed for CloudWalker Secure Cover plan.
7.1. CloudWalker and OneAssist shall make reasonable efforts to ensure that the Personal Information of the Customer is kept confidential and not disclosed to any third party except to the extent required for fulfilment of services.
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.
OBLIGATIONS AND COVENANTS OF THE CUSTOMER
9.1.The Customer understands that this plan is only being sold by CloudWalker and the sole responsibility of service to the Customer lies with OneAssist. CloudWalker is only the facilitator of sale.
9.2.If the Customer receives a benefit as contemplated under any specific Plan Terms and it is later discovered that the service request or a claim was dishonest, fraudulent or false, OneAssist shall have the right to and will take steps to recover from the Customer, such payment(s) made to the Customer, either by OneAssist or a third party, as the case may be.
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).
The Customer acknowledges, confirms and covenants that the object of the Plan(s) being availed of or provided by OneAssist is not an ‘insurance product’ but insurance is merely an optional add-on feature of the Plan(s) on a group insurance basis and that the Customer has availed of the Plan(s) in accordance with this understanding.
The Customer undertakes and covenants that he/she shall not use / make use of the Plan(s) to or in the course of usage of the Plan(s), upload, display, publish, update, disseminate or transmit content or information that:
belongs to another person and to which the user does not have any right to or which is confidential;
is an impersonation of another person, grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, 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;
harm minors in any way;
infringes any patent, trademark, copyright or other proprietary rights;
deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or
- 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.
- LIMITATION OF LIABILITY
10.1. The Customer understands that this plan is only being sold by CloudWalker and the sole responsibility of service to the Customer lies with OneAssist. CloudWalker is only the facilitator of sale.
10.2. OneAssist shall not be liable for any incidental, consequential, exemplary, special or indirect damages (including, but not limited to, loss of profits, revenues, data and/or use). OneAssist disclaims all implied warranties of merchantability, fitness for a particular purpose, and non-infringement. OneAssist’s total liability under the Terms and/or the relevant Plan Terms shall not exceed the Plan Fee.
10.3. In case of a claim under the optional group insurance cover available with the Plan(s), OneAssist’s role in discharging its obligations hereunder shall be that of a mere facilitator, and OneAssist is not and shall not be liable to the Customer for any claim, loss, damage, or compensation caused in relation to or arising from or in connection with the group insurance policy. Customer further agrees that insurance claim settlement is purely at the discretion of the Insurer and OneAssist will in no way be liable in the incident of decline / rejection of any Customer claims by the Insurer.
11.1. The Customer hereby agrees to defend, indemnify and hold CloudWalker and OneAssist and their officers, directors, employees and subcontractors harmless from any and all losses, damages, liabilities, verdicts, settlements, judgments, costs, and expenses (including reasonable attorneys' fees) incurred by OneAssist or its officers or employees arising out of:
any wrongful act or omission of the Customer in relation to the usage of the Plan(s);
any wilful misconduct, gross negligence or fraud by the Customer;
any failure of the Customer to comply with the applicable law;
any breach of the representations, warranties, obligations and covenants of the Customer or a default of the Customer’s obligations; and
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 OneAssist may have, either at law in the Terms and/or the Plan Terms
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 first class registered mail, or air mail, as appropriate, or (c) sent by overnight courier, in each case properly posted and fully prepaid to the appropriate address set forth herein.
OneAssist Consumer Solutions Private Limited
PO Box 7431, 18, Military Rd, Sankasth Pada Welfare Society, Shivaji Nagar JJC, Marol, Andheri East, Mumbai, Maharashtra 400059
CloudWalker Streaming Technologies Pvt. Ltd.
A/503, Business Suite 9, S.V. Road, Santacruz West, Mumbai - 400054.
13.1. The Terms will inure to the benefit of the legal successors of OneAssist. Other than as stated above, no assignment of the Terms is possible.
13.2. OneAssist will not incur any liability to the other party on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control and without negligence of the parties. Such events, occurrences, or causes will include, without limitation, acts of God, bandhs, riots, acts of war, natural disaster, fire and explosions, or any other events reasonably beyond the control of either party.
13.3. OneAssist reserves the right to amend the Terms and/or the Plan Terms and/or the features or pricing of the Plans. Upon such amendment, such terms will become applicable immediately and will be intimated to the Customer in due course.
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.
All disputes arising in connection with the Terms and/or the respective Plan Term(s) shall be finally settled by arbitration pursuant to the rules of the Arbitration and Conciliation Act, 1996, by one arbitrator appointed in accordance with the said Rules. The seat of arbitration shall be Mumbai. The language of the arbitration proceedings shall be English. The decision of the arbitrator shall be final and binding on the parties.
CLOUDWALKER SECURE COVER TERMS AND CONDITIONS
This “CloudWalker Secure Cover Plan", herein also after referred to as “Secure Cover ” or “Plan” has been entered into between OneAssist Consumer Solutions Private Limited, herein after referred to as "OneAssist", incorporated under the Companies Act, 1956 and having CIN U93090MH2011PTC218163 and the name & address of the customer, herein referred to as “Customer”, mentioned in the application form. The terms & conditions of the plan shall be fully binding on the customer for the product(s)/appliance(s)/equipment(s) covered, herein referred to as “Product(s)”.
- GENERAL DEFINITIONS
14.1.Product(s) Covered: Includes Panel Televisions (LCD/LED), Air Conditioners, Refrigerators, Washing Machines, Microwaves, Water Purifiers, Dryers, Dishwashers, Food Processors, Water Heaters, Air Coolers, Kitchen Chimneys, OTGs, Vacuum Cleaners. The above list is only indicative and will be subject to change without prior notice. Additions to and deletions from the list will be solely at OneAssist’s discretion.
14.2.Official Channel: shall mean www.cloudwalker.tv, related mobile website and social media pages.
14.3.Normal Operating Condition: Ability of the product 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.
14.4.Normal use: Use of the product in accordance with the Manufacturer’s guidelines for Product usages including but not limited to regular maintenance and upkeep of the Product, usage of specified protection device such as voltage stabilizer.
14.5.Onsite Repairs: The repair technician will visit the premises where the product has been installed to provide the repair services.
14.6.OneAssist Identification Label: will mean a sticker label which may carry an asset identification code among other things that is stuck to the Product at the time of physical inspection of the product(s) meant to identify the product(s) included under the plan.
14.7.Plan Cover Amount: will mean the total cover available for the appliance(s) or product(s) covered under the plan. We will make repairs or settlement(s) aggregating up to the plan cover amount during the plan period. Cost of any repairs over and above the plan cover amount will be borne by you.
14.8.Deductible/Excess: means the portion of the repair cost or settlement amount that will have to be borne by you for any claim depending on the nature of the damage to your appliance.
14.9.Breakdown/Functional Breakdown/Electric & Mechanical Breakdown: Means the mechanical and/or electrical defects and or failure of the product that cause it to not function in its intended manner under normal usage conditions. It is further clarified that normal wear and tear to parts is not considered as Functional Breakdown.
14.10.Accidental Damage: will mean the damage to the included product(s) within the premises as a result of an impact purely as a result of an accident. Any wilful damage to the product(s) or negligence on your part to safeguard the product from damage will not be considered as an accidental damage. For example, any household items (cricket ball, bat, stick, mobile etc.) hitting the included product damaging it will be considered wilful negligence. Damage to any appliance during regular cleaning/mopping of the floor will also be excluded.
14.11.Burglary/house-break: means any theft following upon actual, forcible and violent entry and/or exit from premises and includes house-breaking.
14.12.Manufacturer’s Warranty/Guarantee: The original warranty/guarantee provided by the respective manufacturer to the respective product as per manufacturer’s warranty/guarantee terms & conditions.
14.13.Manufacturer’s Warranty/Guarantee Period: The uninterrupted period of the Manufacturer’s Warranty/Guarantee as stated on the original official manufacturer’s warranty/guarantee certificate and publications.
14.14.Service Contract Term: Coverage against Mechanical and electrical breakdown, Accidental Damage and Burglary for domestic electrical/electronic product commences on the day of successful physical inspection of the products and is for a period specified in the service contract details of the Plan Terms, and shall continue to remain in force for a period as applicable, unless terminated earlier as per terms herein.
14.15.We, Us, Our: shall mean the issuer of CloudWalker Secure Cover i.e. OneAssist
14.16.You, Your, Customer: The person to whom we are issuing CloudWalker Secure Cover.
15.1.CloudWalker Secure Cover can be bought for the following product(s)/appliance(s) of all brands that are less than 10 years old subject to exclusions and special conditions mentioned hereunder:
TELEVISIONS – Panel TVs (LCD/LED) are covered, Box TVs are excluded
AIR CONDITIONERS – Window, Split and Multi-split ACs will be covered (Each Indoor Unit (IDU) will be counted as one product); Tower, Cassette & HVAC excluded
REFRIGERATORS – Only Refrigerators meant for domestic use will be covered
WASHING MACHINES – Maximum capacity of the Washing Machine can be 9.9 kg
MICROWAVE – Built-in Microwaves are excluded
WATER PURIFIER – Non-electric water purifiers are excluded
DRYERS – Maximum capacity 9.9 kg
DISHWASHERS – Only domestic dishwashers will be covered
WATER HEATERS – Only water heaters between 5 to 50 litres capacity will be covered
AIR COOLERS – Only branded Air Coolers will be covered (Assembled Air Coolers will not be covered)
KITCHEN CHIMNEYS – Only Domestic kitchen chimneys will be covered
OTG – Built in OTGs are excluded
VACUUM CLEANERS – Only Domestic Vacuum Cleaners will be covered
AIR PURIFIERS – Only Room Air Purifiers will be covered
15.2.The above list is subject to change without any prior notice. Additions to and deletions from the list will be solely at our/Insurer’s discretion.
15.3.OneAssist will carry out a physical inspection of the Products that you wish to cover and only functionally working appliances can be covered under the plan
16.WHAT WE COVER/PLAN FEATURES
16.1.CloudWalker Secure Cover provides services in relation to any Functional Breakdowns, Accidental damage and loss on account of Burglary of the product(s) included under the Plan and insurance coverage to the extent of the cover amount insured opted by You. In consideration of the Plan Fee paid by you, we will:
provide repairs or a monetary settlement at our sole discretion for your product(s) that has suffered a damage as a result of Functional Breakdown or Accidental damage, or
provide you with a monetary settlement for the product(s) that cannot be repaired, or for a loss on account of Burglary as mentioned in the Plan Terms, during the period of the plan, subject to the terms and conditions, exceptions and limitation content herein or endorsed hereupon in future.
16.2.This contract covers the cost of parts and labor for the Product on an onsite service basis up to Plan Cover Amount provided by the Insurer. 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.
16.3.However, if the same problem is reported within 30 days of the repair, it will not be treated as a new repair claim.
16.4.We will provide 30-day service guarantee for any spare parts that have been repaired/ replaced.
16.5.One Call to OneAssist
In the event of damage/burglary of the device, the Customer can use the OneAssist Mobile application, Website (www.oneassist.in), or call our 24-hour toll-free call centre (1800 123 3330) to report the damage/burglary of devices of discovering the damage/burglary.
The Customer hereby consents to OneAssist acting on its behalf and to do all such acts necessary in the performance of its obligations as set out herein.
With the OneAssist Mobile Application, the customer can track the status of your repair at every stage. The customer can remain updated on the status of service request on a real-time basis and can view it in a timeline form from the date it was created till the time it was resolved
- OneAssist shall provide access to the DocuSafe feature for its Customers. The Customer shall not store any data that is illegal, infringes copyright or any such document that is not proprietary to the Customer and/ or possession of which is in contravention of any applicable law.
- The Customer shall preserve and secure the password and other privacy settings of the DocuSafe facility.
- Upon the membership of the Customer being terminated, the Customer’s data in the e-Locker would be purged after giving 30 days prior notice to the Customer to transfer or delete the data from the DocuSafe. Once the membership expires, the data in the e-locker will be deleted.
- OneAssist shall, to the best of its ability, ensure the confidentiality of the data stored by the Customer in the Docusafe and maintain reasonable security practices and procedures as required under applicable law.
- OneAssist shall make reasonable efforts to ensure that the DocuSafe feature is available for access at all times.
6.8.Repair at Doorstep/Pick up & Delivery of device from doorstep
Once the customer has intimated OneAssist of damage and provided the required documents, OneAssist or their service providers will get the product repaired at customer’s doorstep. In case product is not repairable at customer’s place, Oneassist will provide free Pick up & drop of product free of cost for the customer.
16.9 Repair at OEM/OneAssist Authorised Service Centers using Genuine Spare Parts
OneAssist will repair the damaged device at OEM/OneAssist Authorised Service Centres using genuine spare parts. OneAssist only works with reputable service providers so that the device is in good hands and returned back to the customer functioning perfectly. The process is completely cashless for the customer.
6.8. Mobile Health Check
OneAssist customers can do comprehensive check for their mobile phones using OneAssist mobile App (Android & IOS).
- CONDITION OF COVER
17.1. You must be at least 18 years old on the date of purchase of the plan.
17.2. You must be the rightful owner of the product(s) covered under the plan.
17.3. All the products covered under the plan should be at one single address and used for domestic purposes only. OneAssist will not be liable for any claims under the program if the product is being used in a commercial establishment. Products used in an office environment, in which administrative, clerical or professional activities are conducted, fall under this exclusion.
17.4. The plan is limited to select cities within defined geographic boundary of the Republic of India. At the time of purchase of the plan you would be asked for your pin code. This plan will only be available to you if the pin code is serviceable.
17.5. We reserve the right to deny the service if you move to a location that is not covered in the pin code(s) mentioned above.
17.6. Only those products that carry or carried a valid OEM warranty in India can be covered under the plan. We will not be responsible for servicing any product that doesn’t meet this condition even if it gets on-boarded at the time of plan activation. Products bought from outside of India also subject to this condition.
17.7. Product(s) covered under the plan should be less than 10 years old at the time of purchase of the plan.
17.8. The plan should be activated within 30 days of purchase, as below:
You will need to schedule an inspection after you buy the plan by following the instructions communicated to you via web or email or SMS as the case may be.
By scheduling the inspection, you certify that the product(s) that you wish to cover under the plan are functionally working.
We will carry out a physical inspection of the product(s) that you wish to include under the Plan as per the scheduled date and time. We will carry out the inspection only once before commencement of the Plan and therefore you will not be able to change the selected product(s) at a later date.
The plan you opt for will specify the maximum number of product(s) that can be included under it. You may choose to include lesser number of products that the maximum allowed number.
Only functionally working product(s) will be included under the plan. Our assessment in this regard will be treated as final.
You will not be able to change or add the product(s) at a later time during the plan period.
OneAssist reserves the right to deny the service without any refund whatsoever if you do not activate your plan within the specified period or if you do not disclose any existing defects in the products (including intermittent issues) at the time of on-boarding. Concealing such information will amount to fraud and OneAssist reserves the right to take suitable action in this regard.
- OneAssist will tag the included product(s) with a label as a part of the inspection process. OneAssist reserves the right to deny the service if the label is removed, defaced or tampered with in any manner whatsoever.
17.9.The plan is applicable for a period of 12 months (1 year) from the date of purchase and successful activation after inspection. The plan cover period is also mentioned in the email that will be sent to you post successful activation of your plan by you. It is your responsibility to verify the details mentioned in the e-mail and get any discrepancy corrected within 7 days of receipt of the email.
17.10.The plan shall become effective once OneAssist, at its sole discretion after successful inspection, 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.
17.11. OneAssist or its authorized service providers shall provide services only during normal working hours on regular working days of OneAssist and/or its authorized service providers.
17.12.Normal working hours would be 9:00 am to 9:00 pm on all days excluding public holidays.
17.13.OneAssist makes no express or implied warranties whatsoever regarding the services provided/rendered and/or effects thereof etc. and shall not be liable to the Customer or any other person claiming, by, through or under the Customer.
17.14.For loss due to accidental damage, where the customer is required to pay a deductible, customer will forthwith make the payment towards deductible(s) applicable under the plan. If the cost of repair or settlement comes to be less than the deductible paid by you, we will refund to you the remaining amount.
17.15.The plan covers the cost of parts and labor charges for at-home service within the city/municipal limits of the OneAssist Service Centers. OneAssist will transport the product to service center for performing repairs, if required and if the product location is within its serviceable area.
17.16.In case the damage/malfunction of the Product is due to reasons other than that covered under the plan or it is caused by conditions defined under exclusions, OneAssist shall extend an offer to repair the Product for the customer. The cost of such repairs like labour, visit, cost of parts replaced, cost of transporting the Product to service centre (if required) will have to be borne by the Customer.
17.17.All defective components replaced by OneAssist shall become the property of OneAssist/Insurer and the customer shall not claim any right to the same, and the same should not be destroyed, or damaged, or salvaged by You under any circumstances.
17.18.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.
17.19.In case the cost of repair exceeds 80% of the prevailing market value of the Product or the Product cannot be repaired within the reasonable time or reasons beyond its control, OneAssist shall have the discretion to compensate an amount that reflects the prevailing market value of the Product post applicable depreciation less salvage. Please refer to the section ‘Terms of Monetary Settlement’ to know depreciation schedule and calculation of salvage for the product.
17.20.OneAssist at its sole discretion determines the issuances of standby/loaner unit subject to availability and for select city and select product category.
- DEDUCTIBLES APPLICABLE UNDER THE PLAN
The following deductibles are applicable under the insurance policy:
Repairs for Functional Breakdown– Nil Deductible
Monetary settlement of the product due to total loss or BER (Beyond Economic Repair) – 25% of the appliance’s prevailing market value post applicable depreciation
Accidental Damage and Burglary – INR 2,500
For any repairs of appliance that has suffered an Accidental damage, you will forthwith make a payment of INR 2,500 towards deductible before raising a service request. If the total cost of repairs come to be less than the deductible paid by you, we will refund the remainder amount
- EXCLUSIONS APPLICABLE UNDER THE GROUP INSURANCE
Following are the general exclusions which are not covered under the insurance/this plan:
19.1 Any kind of wilful negligence or misconduct or contractual liability or indirect and/or consequential losses
The product whose OneAssist identification label has been defaced, removed or tampered with in any manner
19.3.War, invasion, act of foreign enemy hostilities or war like operations
19.4.Breach of law with criminal intent
19.5.Ionizing radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel
19.6.Radioactive substances, toxic, explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof
19.7.Deductible wherever applicable
19.8.Loss of Valuables on account of theft, unless specifically covered
19.9.Loss or damage to the Content on account of- Its own fermentation & Breakage, cracking or scratching of Crockery, Mobiles, Cameras, Binoculars, Sculptures, Curios, Paintings, works of art, Musical instruments, Toys, Sports gear, items of glassware unless specifically covered
19.10. Any costs recoverable under manufacturer's warranty shall not be covered.
19.11.Property kept in open or outside the premise
19.12. Loss of or damage to the following is excluded, unless specifically covered
Livestock, motor vehicles, pedal cycles, explosives
Money, securities for money, cheques, stamp, deeds, bonds, bills of exchange, promissory notes, ATM debit or credit cards.
Any curios or works of art for an amount exceeding INR 25,000 manuscripts, plans, drawings, securities or documents of any kind
19.13. We will not pay for breakdown caused by not following manufacturer's operating instructions
19.14. Breakdown or damage due to wilful act, abuse, negligence, improper handling.
19.15. Any defect that existed before buying the plan
19.16. The cost of general maintenance, adjustments, resetting of controls, tuning, cleaning and the like
19.17.Any loss arising out of normal wear and tear of the Insured Asset or its parts prone to normal wear and tear including but not limited to rubber belts, cabinets & cabinet frames, doors, handles, rollers, masks, external screens, shelves, gaskets, bottle racks, stand or legs, hinges, door locks, screws, power cords, plugs, fuses, rubber pads & seals, flaps, couplers, knobs, casings, stabilizers, bulbs, keypads, operating buttons, drain pipes, copper pipes for ACs, connectors, inlet valves & pipes, lint filters, remote control, cosmetic & aesthetic items and the like is not covered under the group insurance/plan.
19.18.Noise due to ageing and wear and tear of the product is not considered as a defect and hence not covered under breakdown repairs.
19.19. Any modification to the Insured Asset or use which is not in accordance with the manufacturer’s instructions or use of any accessory which has not been approved by the manufacturer.
19.20.Defects in external wiring, electrical connection or plumbing that are not an integral part of the Insured Asset
19.21.All consumer replaceable items such as batteries (including rechargeable batteries) tapes, ribbons, bulbs (including projection television and LCD projector bulbs) data storage media, filters, ink and toner cartridges, drums, fuses, blades, replaceable fluids and any other parts or materials which are designed to be consumed during the life of the Insured Asset.
19.22. Any failure or damage ever covered under a product recall
19.23.Defects due to transmission/cable/DTH or any other external source from where the signal/input are fed to the product.
19.24.Television screen imperfections, including "burn-in" or burnt pixels or internal LED/LCD Panel, dark pixels & Bright pixels are not considered as defects if there are up to 5 such pixels.
19.25.Service for software related faults resulting from incorrect software installation or usage, or software viruses, or inherent bugs.
19.26. ACs where the Outdoor and Indoor unit are not of the same make and model.
19.27. Any failure or damage ever covered under a product recall
19.28.Any loss arising due to any external cause not covered under the plan such as mysterious disappearance, malicious mischief, corrosion, rust, denting, animal / insect damage or due to Foreign bodies.
19.29. Any loss due to mysterious circumstances or where the cause of loss could not be sufficiently established.
19.30. Use of Insured Asset in a commercial environment, unless specifically accepted by Us.
19.31.Any cost for the replacement or reinstatement of any data, software, information or music stored, on the Insured Asset
19.32. Any legal liability, consequential loss, loss of use or damage/injury to third party
19.33.Satellite system repairs caused by weather damage to satellite antennae, failure of the television set or realignment of satellite antennae
19.34.Any loss or damage caused to the Insured Asset whilst in transit or otherwise that has been entrusted for any service, repair or replacement to any entity other than those authorized by OneAssist
19.35.If you authorize the repair or any services excluded under this plan, you shall pay its repair fees for such work.
- CUSTOMER RESPONSIBILITY
You need to ACTIVATE the plan immediately upon buying or within a period as prescribed by OneAssist. Refer to the OneAssist Activation voucher or Messages or App or Email or Helpline or Official Website for activation procedures.
20.1.You are required to report the problem to OneAssist within 7 calendar days of its occurrence beyond which the request is liable to be rejected.
20.2.It is your responsibility to properly maintain, store and use your item according to the manufacturer instructions and take all reasonable steps to use your Product as prescribed by the manufacturer.
20.3.You agree to return the defective spares or product to OneAssist wherever requested.
20.4.Customer shall provide representative of OneAssist/its service provider full access to the Product/Equipment in order to effect necessary adjustments and repairs.
20.5.Customer shall provide true and accurate description of the loss or damage and the circumstances that led to it. Any falsification, wilful misrepresentation or concealment will lead to rejection of the claim and your plan will get terminated with no refund whatsoever.
20.6.Customer shall provide all the supporting documents within the time frame specified by OneAssist for repair or settlement of the claim.
20.7.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 OneAssist/its authorized representative for provision of services at Customer's location.
20.8.Customer shall be responsible to de-install all add-ons and/or accessories from the Product/Equipment before providing the same to OneAssist for services, maintain backup copy of all software and data, restore software and data on the unit after repair.
20.9.Customer shall register all complaints/requests for services only through official OneAssist Call Center or through One Assist App/OneAssist website.
Customer shall comply with all applicable laws, rules and regulations. 20.11.Customer shall indemnify us and hold harmless against any act of omission and commission and any consequences arising thereof and defend OneAssist from and against all claims, arising as a result of breach of this Contract.
20.12.Customer shall inform OneAssist in writing of any change in the billing address. Any written communication, billing statement or notice from OneAssist to Customer will be deemed as served within 48 hours of posting by ordinary mail or earlier as the case may be.
20.13.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.
20.14.The Customer understands that the services have been subscribed on his/her own name and name change in any circumstances is not permitted.
20.15.Customer shall not assign any right or interest or delegate any obligation arising herein to any person without OneAssist's prior written consent.
20.16.The Customer is solely responsible for any unauthorized transfer/change in ownership of the Product/Equipment.
20.17.Customer shall return the standby/loan spare parts, if any provided by OneAssist on or before OneAssist returning the original set/Spares to the Customer.
20.18.Customer shall provide accurate bank account information for any monetary settlement to be made under the plan. The bank account should be in the name of the customer who has purchased the plan.
20.19.NON-ACTIVATION & NON-FULFILMENT of ANY of the above conditions may result in the plan being considered as void and all requests made against plan are liable to be rejected without any refund.
- ONEASSIST SERVICE ASSURANCE FOR FUNCTIONAL BREAKDOWNS
21.1. Subject to the other terms and conditions mentioned in this document, OneAssist provides committed timelines for repairs of Products that suffer a Functional Breakdown. In the event that your product requires repairs, OneAssist will get the repairs carried out within a period of 10 working days for all product categories except Televisions from the date of registering a request with OneAssist and applicable approval received from the Insurer. For Televisions, our committed timeline for repairs is 15 working days.
21.2. If OneAssist is unable to get your Product repaired within the time period specified above from the date of registering a request, you will be eligible to receive a replacement product or a settlement amount reflecting prevailing market value of your Product post applicable depreciation at the sole discretion of OneAssist/Insurer, provided that:
There is no delay in providing access to the Product to us when we request you to provide such access to us for repairs; any delay in providing access to the Product will extend the commitment by the delayed period.
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.
You respond within reasonable time to a request(s) for any relevant information regarding the Product 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.
21.3.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 OneAssist 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 OneAssist has no control especially when those events disrupt global supply chains. However, OneAssist shall inform you of any such delay and provide you confirmation from the brands or its authorized representatives on the delay.
- TERMS OF MONETARY SETTLEMENT
22.1.If we are unable to repair your Product thereby rendering it non-functional, we/Insurer will offer you monetary settlement amount, as applicable under the terms of the group insurance policy, in lieu of the same reflecting the prevailing market value of your product post applicable depreciation subject to the ‘Limitation of Liability’ clause.
22.2.For any individual product, if monetary settlement is being made, the settlement value for the product in question will reflect the prevailing market value of the appliance post applicable depreciation less deductions towards deductibles and salvage amount for the product in question. Deductibles will be applied at 25% of the prevailing market value of the appliance post applicable depreciation. Salvage will be INR 1,000.
22.3.The prevailing market value of the appliance will be determined solely by OneAssist based on the brand, technology, size/capacity of the product(s) among other things. If the product model is discontinued, we’ll arrive at the prevailing market value for a similar new product which may or may not be of the same brand. While doing so, we reserve the right to select the lowest cost option available and this value will be final and binding on the customer.
22.4.The depreciation applicable as per the age of the product is as follows:
Age of the product (in years)
0 – 1
1 – 2
2 – 3
3 – 4
4 – 5
22.5.The settlement value amount offered by OneAssist for the product will be final and binding upon the customer.
22.6.If we compensate you as above, the plan will no longer be available for that product
22.7.Any amount paid to you under the plan will be credited to the bank account of the customer. Customer should provide a cancelled cheque which clearly mentions the name of the account holder which should be the same as the name mentioned in the OneAssist plan membership or a NEFT mandate form.
- LIMITATION OF LIABILITY
23.1.Our absolute limit of liability towards all claims made during the plan period will not exceed the sum assured opted by the customer at the time of purchase. Therefore, the maximum liability of OneAssist for all incidences shall not be greater than the Plan Cover Amount.
23.2.After each repair, replacement or monetary settlement offered to you under the plan, your remaining cover amount will be reduced by the expense incurred by OneAssist in the corresponding repair, replacement or settlement.
23.3.If we make repairs or settlement(s) equal to the Plan Cover Amount opted by you, all obligations of the Insurer and OneAssist under the plan will be deemed fulfilled and there will no longer be any coverage under the plan for the remainder of the plan term.
23.4.Our/the Insurer’s liability in case of replacement or monetary settlement for any individual product covered under the plan would be limited to the prevailing market post applicable depreciation value less deduction towards salvage as per the ‘Terms of Monetary Settlement’ or the remaining cover amount under the group insurance, whichever is lower.
23.5.If the settlement value for any product(s) offered by OneAssist is higher than the remaining cover amount remaining under the plan, OneAssist will only be liable to pay the remaining cover amount.
23.6.If the repair cost for any product(s) offered by OneAssist is higher than the remaining cover amount remaining under the plan, OneAssist will only be liable to pay the remaining cover amount and the customer will have to pay the difference amount.
23.7.OneAssist shall not be liable to the Customer for any damages resulting from or related to any services performed by OneAssist hereunder, including, but not limited to, any loss of data or software, inability of OneAssist to correct any errors, malfunctions and defects in the Product/equipment/hardware/software delay of OneAssist in performing any services hereunder.
23.8.In no event, shall OneAssist 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 OneAssist under this contract, even if OneAssist has been advised of the possibility thereof, or knew or should have known thereof.
- CHARGES AND PAYMENT
24.1.Customer shall make payment of all charges in advance at the time of subscribing for the services.
24.2.For services to be provided by OneAssist for repair/replacement necessitated by non-covered breakdowns, Customer shall forthwith make payments towards cash receipt or invoice raised by OneAssist or its Authorized representative.
24.3.Charges payable by the Customer are exclusive of taxes, duties or levies unless expressly stated to the contrary.
25.1.In addition to the typical termination that exists in this T&C, the Plan will be terminated in the following scenarios:
- At the closing hours of the end date of the Service Contract Term.
- We make aggregate repairs, replacements, or monetary settlements equal to or exceeding the Plan Cover Amount chosen by you.
- Whichever happens earlier.
- SERVICE REQUEST OR CLAIM PROCESS
26.1.You are required to file the service request or intimate about the loss to OneAssist within 7 calendar days of its discovery or occurrence, as applicable, beyond which the request is liable to be rejected.
26.2.You should file a service request or a claim by calling our 24x7 toll-free helpline (1800-123-3330). You can also raise a service request or a claim using the OneAssist website/Android and iOS Apps.
26.3.You should fill in the required details detailing the issue that you are facing. Please note that you should provide complete and accurate information describing the loss and the circumstances preceding the loss or your claim will be rejected.
26.4.You should upload the required supporting documents for your claim as per the nature of damage or loss.
26.5.Depending upon your product 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.
26.6.You may be required to pay deductible as per the terms and conditions of the plan. You should make an online payment towards the same.
26.7.For Functional Breakdown and Accidental damage to your product, OneAssist authorized service expert will visit you as per the scheduled time and carry out the repairs. If repairs are not possible, we will offer you monetary settlement as per the terms contained in this document.
26.8.For loss on account of Burglary, the Insurer for the plan will appoint a surveyor to survey the loss/damage. The surveyor will visit the premises at a time mutually decided by you and the surveyor to assess the admissibility and ascertain that the loss or damage is as per the description provided by you and falls under the coverage in the plan.
26.9.The final decision on admissibility of the claim will be made by the Insurer. OneAssist’s role in discharging its obligation in this regard will that be of a mere facilitator.
26.10.In case you have trouble requesting a service, please call us on 1800-123-3330 (toll-free) and we will be happy to assist you.
- GOVERNING LAW& JURISDICTION
27.1.The validity, construction and performances of terms herein shall be governed by and interpreted in accordance with the laws of the Republic of India,
27.2.The parties hereto unconditionally and irrevocably agree to submit to the exclusive jurisdiction of the competent Courts in Mumbai with regard to any matter or dispute arising hereto or any other documents that may be executed by the parties hereto.
28.1.The marketing brochures are meant purely for educating customers about the features and terms of the plan and they have no commercial value.
28.2.This Agreement is the complete and exclusive agreement between OneAssist Consumer Solutions Private Limited and Customer relating to the subject matter hereof. Any statements or representations made by resellers, ASPs or others that are inconsistent with this Agreement shall not be binding upon us.