ShopNsecure

ShopNsecure E-Sales Pvt. Ltd
Extended Warranty Service Agreement

This is a service contract between the service provider, ShopNsecure E-Sales Pvt. Ltd (hereinafter called 'the company') and you, the customer, for providing extended warranty services and other add-on services as applicable.

Whereas the customer has made to the company, a proposal which is hereby agreed to be the basis of this plan and has paid in full the consideration specified in respect to this plan. Now the Company agrees, subject always to the following terms, conditions, exclusions, and limitations that have been set out in this document.

Definitions:
The following words or terms shall have the meaning ascribed to them, wherever they appear in this plan, and reference to the singular or to masculine shall include reference to plural and the feminine wherever the context so permits.
You, Your, Customer: These shall mean the individual who has purchased the plan.
We, Us, Our, Company, ShopNSecure:The Issuer of Plan i.e. ShopNsecure E-Sales Pvt. Ltd.
Covered Product, Product:Your product being covered by our plan.
Coverage Start Date:This is the date when coverage will start under the plan. The plan will be effective from this date.
Coverage Amount: The maximum coverage amount under plan limited to which repair/replacement services can be availed, this shall never exceed invoice price of the product exclusive of taxes.
Coverage Type: This defines the category of coverage, such as whether your service Agreement will include the optional Accidental damage from Handling (ADP) coverage. Specified explicitly our EWSA's will NOT cover Accidental Damage from Handling or by any other nature. Our EWSA does not include any Accidental Damage or Fluid Damage by any nature even if explicitly covered under Manufacturer Warranty.
"Plan", "Protection Plan" : It is the coverage type purchased by you. You may purchase coverage type-I (EWSA) or coverage type-II (EWSA+ADP). This agreement shall be applicable only with respect to the purchased coverage type.
Manufacturer's Warranty: The original in box warranty coverage that has been provided by the manufacturer in respect of the Covered Product.
Purchase Price: The purchase price of the covered product specified on the invoice, exclusive of taxes.
Invoice: The original invoice that has been issued to you by a certified Vendor/Retailer for the covered product for which you have purchased a plan.
Deductible: It means the amount that shall be borne by you in respect of each and every claim made under this EWSA. The covering liability to make any payment under this EWSA is in excess of deductible.
Accidental Damage Handling (ADH): A sudden, unintentional and unexpected event that results in the physical damage of the product; ex. Dropping/falling of product or spilling of water/liquid over the product that causes physical damage or otherwise interferes with working of the product.
Authorised Service Centre: The location that serves as a repair facility of the product set-up by manufacturer and registered with us.
Mechanical or Electrical Failure: Failure of a product when operated according to manufacturers' instructions/user manual.
EWSA: Extended Warranty Service Agreement.
ADP: Accidental Damage Plan
Coverage Term: This is the tenure of coverage which begins immediately on the coverage start date in ADP plan and in EWS, begins upon expiry of manufacturer's warranty term and comes to an end at midnight of the expiry date as mentioned in the plan opted by you.

  1. GENERAL TERMS
    1. Validity of agreement

      Any claim under this agreement shall lie only if

      1. The due consideration/price for the plan has been paid in full by the customer to the company AND
      2. The customer has purchased this plan with respect to a new product that qualifies to be covered under this plan AND
      3. Such purchase is accompanied with a valid tax paid invoice bearing the particulars of such product AND
      4. The same has been registered with the company within the time prescribed in this document.
    2. Service Contract

      Nothing contained in this agreement shall be construed to be a contract for insurance. It is merely a contract for providing services for standardized repair/replacement of your products. Any claim arising out of theft/burglary of covered products is strictly outside the scope of this agreement.

    3. Coverage amount

      The maximum amount payable by us under any of the plan, whether purchased alone or in conjunction with any other add-on, will be the original purchase price of product exclusive of taxes. That after expiry of one month from the purchase, the maximum amount payable by us under this Agreement will be proportionately reduced by 2.5% per month of the purchase price of the product, exclusive of taxes. In the event that we make payments for repairs or replacement reflecting the replacement cost of a new item of equal or equivalent features and functionality which in the aggregate, are equal to the coverage amount, the plan/coverage amount will be considered as fulfilled and we will have no further obligations, not withstanding any outstanding term of the service agreement.

    4. Payment of deductible

      Deductible will be payable by the customer on our website or via cheque in favor of "ShopNsecure E-Sales Pvt. Ltd." at the time of registration of complaint. Service request number shall be generated only at the time of payment of prescribed deductible.

    5. Limits of liability

      Except as indicated above, in no event will this plan or service providers be liable for

      1. Indirect damage caused due to improper functioning of the product, including but not limited to lost profits or savings, business, interruption, loss of data, lost revenue, loss of use, inconvenience, mental or physical stress or any other commercial or economic loss of any kind or special incidental, or consequential damages.
      2. Incidental damages due to malfunction of the product such as loss of income or loss of profit etc.
      3. Any request made by a third party or made by customer on behalf of a third party.
      4. Any damage that occurs as a result of customers' failure to follow directions in the user manual.

      This limitation of liability applies in all circumstances i.e. when damages are sought, a request made under this plan or as a tort request(including negligence and strict product liability), a contract request, or any other request. This limitation of liability cannot be waived or modified by any person. This limitation of liability will be effective even if customer has advised ShopNsecure or its representatives of the possibility of any such damages or even if any such possibility were reasonably foreseeable.

    6. Registration

      Every plan purchased has to be duly registered on http://www.shopnsecure.com for it to become applicable and binding on you and the company. You are encouraged to register the plan on the spot of purchase itself. Upon successful registration you will receive a confirmation to this effect by way of an email/text/ call from our call center. In case you do not receive such confirmation by any of the prescribed modes kindly get in touch with us through our website or toll-free number or the retailer from whom you purchased the plan.

    7. Qualifying Products

      The following products qualify to be covered under the plan
      ° LED/ LCD Television ° Microwave Ovens ° Refrigerators ° Dishwashers ° Home Theatre Sound System ° Air Conditioner ° Laptops ° Desktop Computers ° Vacuum Cleaners ° Digital Cameras ° Mobile Phones (Smart phones cost Rs. 25,000/- and above)

      The list is indicative and may change without prior notice at the sole discretion of ShopNsecure E-Sales Pvt. Ltd Information regarding the same can be sought on https://www.shopnsecure.com

    8. Qualifying Brands

      We cover all manufacturer brands selling their products in India. However we reserve the right to discontinue offering cover on any such brand(s) without any prior notice. Information to this effect can be sought on https://www.shopnsecure.com

    9. Selection of Plan

      You are required to correctly select the right plan for your product based on brand, condition and cost & purchase location. You must ensure that your product type and brand qualifies to be covered under our plan. Information regarding same can be sought at our website https://www.shopnsecure.com

    10. Reasonable Care

      It is your responsibility to properly maintain, store and use your product according to the manufacturer instructions and take all reasonable steps to use your equipment as prescribed by the manufacturer.

    11. Discretion

      In the event of any request for service or claim, the company will have sole discretion in deciding whether repairs, replacement or payment of coverage amount (after applying prescribed deductions) is required to address the issue. A product containing similar features will be provided if a product of the same make and model is not available at the time the replacement is supposed to be made at the sole discretion of ShopNsecure E-Sales Pvt. Ltd

    12. Timelines for repair/replacement

      Subject to the other terms and conditions mention in this document, ShopNsecure E-Sales Pvt. Ltd commits timelines for repairs for certain qualifying brands of products. In the event that your product of qualifying brand requires repairs, ShopNsecure E-Sales Pvt. Ltd will get the repairs carried out within period of 10 working days from the date of registering a request with ShopNsecure E-Sales Pvt. Ltd It is further made clear that after detecting the defect, the customer has to register its claim on the website of ShopNsecure E-Sales Pvt. Ltd The customer will be eligible to receive the repaired product from ShopNsecure E-Sales Pvt. Ltd provided
      (i) 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.
      (ii) 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.
      (iii) You are to respond within a reasonable time to 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.
      (iv) The company uses genuine/OE parts for repairs. While ShopNsecure E-Sales Pvt. Ltd will make all efforts to provide repairs in committed timelines, the Service timeline will not apply when spare parts supply is disrupted due to events over which ShopNsecure E-Sales Pvt. Ltd has no control, especially when those events disrupt global supply chains. However, we undertake to inform you of any such delay.

    13. Modifications

      If modifications are carried out in consonance with the brands policies using genuine/OE parts and through authorized service centers, which increase the value of the covered product, then EWSA will continue to apply to the covered product. However, the EWSA will only cover the original invoice value of the product and will exclude the modifications carried out.

    14. Monetary Settlement

      In case the product is not repaired or replaced, you are entitled to get a refund from us. The amount of refund will be the coverage amount as on the date of complaint minus the cost(s) incurred in entertaining any past claim arising from this plan. The refund will be made within 15 working days of intimation of the refund amount to you.

    15. Contribution

      If at the time of occurrence of any request for a product covered under this plan there shall be subsisting any other warranty/maintenance contract/extended warranty/or similar program of any nature whatsoever covering the equipment whether effected by this agreement or not then we shall not be liable to pay or contribute more than its rate able proportion.

    16. Territorial Limits

      This plan covers products and events arising during the service term within India. The Company's liability to make any payment shall be to make payment within India and in INR only.

    17. Cancellations

      (i) This plan can be cancelled within 30 days of the purchase without any reason whatsoever. Upon cancellation of the plan no charge will be deducted from the amount paid towards it and the entire amount shall be refunded.

      (ii) However the customer forfeits his right to cancellation within 30 days of purchase if a claim has already been entertained in that period.

      (iii) No cancellation can be made by the customer after 30 days from the date of purchase of plan

      (iv) If the Customer makes a request, knowing it to be false or fraudulent as regards the value or any other relevant fact that would have a bearing on this contract, this plan is deemed to be cancelled from inception without return of money paid and the customer must return all request payments received till such cancellation including any shipping charges or other ancillary charges incurred by the company.

    18. Right of Rejection

      The company reserves the sole right of rejecting any person's proposal to buy this plan within 30 days of the purchase without assigning any reasons thereof. In this case no charge will be deducted and the entire amount shall be refunded back to the customer.

    19. Renewal

      We shall not be bound by any renewal price/premium / consideration or give notice that such is due. The company has the sole right to reject/accept any proposal to renew the plan whether after or in continuation of the term of this plan. No renewal receipt shall be valid unless it is on the printed form of the Company and signed by an authorized official of the Company.

    20. Undertaking

      The customer takes full responsibility of making all the relevant and material disclosure in connection to this plan and that nothing is known to the customer that may result in enhancement of the risk of the Company under this plan.

  2. COVERAGE TYPE-I: EXTENDED WARRANTY SERVICE AGREEMENT (EWSA)
    1. Introduction

      This EWSA effectively transfers risk of failure from manufacturing/workmanship defects or malfunctioning due to normal wear and tear in the covered product from you on to ourselves, while ensuring the standardized repair service for your product.

    2. What Is Covered

      Under EWSA all kind of defects that arise due to

      1. Mechanical and electrical failure from normal usage
      2. Heating or cooling problems in refrigerators or air conditioners
      3. Unexpected leakage of gas in your refrigerator or air conditioners
      4. Powers supply burnout if used under operating conditions specified by the manufacturer
      5. Damaged/defective ports found on Your Product
      6. For dead pixels (smart phones, tablets, laptops, LED TV's) we will match the manufacturer's warranty by the term of your protection plan. In the absence of a manufacturer's dead pixel policy, We will cover a failure of three (3) or more defective pixels within a one square inch area of the display
      7. Operational failure resulting from a power surge while properly connected to power surge. Your power surge may be examined by us.
      8. Cost of labor
      9. Gas charging(Refrigerators & Air Conditioners
      10. Cost of two-way shipping (If needed) will be borne by us except in case whereas plan is considered void as per the section below.
    3. What Is Not Covered

      This EWSA does not cover the following components or specific conditions.

      1. Product that do not carry an existing manufacturers' warranty of at least 90 days valid in India at the time that this EWSA has been purchased by you.
      2. Malfunction issues arising on account of liquid/water logging.
      3. Any and all pre-existing conditions that occur prior to the Coverage Start Date of this Protection Plan
      4. Any issues or cost arising due to unauthorized repairs carried out on the covered product, improper usage and defects due to electrical wiring, plugs(s), switches, extension box, loose contacts etc. and damages resulting from external causes like rat bite(s), insect infestation or intrusion.
      5. Breakdown on account of any accessories not originally provided by the manufacture of the covered product.
      6. Any issues arising as a result of non-operating or cosmetic deterioration that do not affect the functionality or operation of the covered product.
      7. Performing actions on the covered product that cause the manufacturers' warranty to void including products which have been modified, altered, adjusted or repaired, serviced, moved, removed, installed by unauthorized persons.
      8. Any other conditions that voids the manufacturer's warranty prior to end of standard manufacturer warranty period including repairs from the local and unauthorized service centers.
      9. Breakdown or consumption of consumable products such as cables, cords, cartridges, tapes, software items, batteries, chargers, earphones, headphones, fuses, bulbs, styli, ribbons, plastic rubber, sheet metal parts, doors, main liner, cracks, paintwork, product finish, dents, scratches, lugs, rubber pads, stabilizer, grills, casing trays, light covers, filters, attachments, belts, toner, drums or any other add-ons (accessories such as blades, jars, tubs, covers, plates, etc.)cleaning and lubrications, alignment and descaling.
      10. Remote control(s).
      11. Defects due to transmission/cable/DTH/or any other external source from where the signal inputs are fed to the product.
      12. Breakdown caused by a failure to follow the manufacturer's installation or operating instructions.
      13. Product(s) with removed or altered serial numbers.
      14. Damage to computer hardware, software and data caused by, including, but not limited to, viruses, application programs, network, drivers, sources code, object code or proprietary data, or any support, configuration, installation or reinstallation of any software or data.
      15. Any product fraudulently described or misrepresented by you.
      16. Any malfunction in the product resulting from inadequate safekeeping, storage at high temperatures or humidity storage with mothballs or leakage of batteries.
      17. If you have a Loss to Covered Property that is part of a pair or set, we will only cover for a reasonable and fair proportion of the total value of the pair or set. We will not cover based on a Loss to the entire pair or set.
      18. Damage occurring due to natural calamities like oods, earthquakes and acts of God.
      19. Loss or theft of the product covered under the plan.
      20. Damage due to own negligence or intention.
      21. Maintenance, repair, or replacement necessitated by loss or damage resulting from any cause other than normal use and operation of the product in accordance with the manufacturer's specification and owner's manual, including, but not limited to, exposure to weather conditions, failure to properly clean, maintain or lubricate, operator negligence, misuse, abuse, improper electrical/power supply, improper equipment modifications, attachments or installation or assembly, vandalism, animal or insect infestation, battery leakage,
      22. Act of nature (any accident caused or produced by any physical cause which cannot be foreseen or prevented, such as storms, perils of the sea, tornadoes, hurricanes, floods and earthquakes), or any other peril originating from outside the product
      23. Products used for commercial are explicitly not covered.
      24. Any product purchased from flea market.
    4. In such cases, ShopNsecure may, at its option provide services for damaged/defective product(s) at ShopNsecure's then applicable rates and terms.

      1. Registration

        Category type-I has to be registered with us within 30 days of purchase of a new product that qualifies to be covered under this plan with a valid tax paid invoice.

      2. Coverage Start Date

        Coverage under coverage type-I starts immediately upon expiry of manufacturer's warranty on the covered product. During the term of manufacturer's warranty EWSA shall cover only those scenarios that are covered under EWSA but not expressly covered under manufacturer's warranty.

      3. Upgradation

        You have an option of upgrading your plan to coverage type-II only within 24 hours of purchase of the product by paying the balance amount. For upgrading visit our website https://www.shopnsecure.com.

      4. Deductible

        Deductible in case of claim of cover in EWSA shall be fixed at 3% the cost of product in invoice exclusive of taxes subject to a minimum of INR 500/- in respect of each and every claim.

      5. Applicability

        In case coverage type-I (EWSA) is purchased by the customer then section 3 of this agreement will cease to have any effect.

  3. COVERAGE TYPE-II: EXTENDED WARRANTY SERVICE AGREEMENT PLUS ACCIDENTAL PROTECTION PLAN (EWSA+ADP)
    1. Introduction

      This plan covers all damages and/loss due to accidents/accidental handling of the covered product in addition to the cover provided by our EWSA plan. It does not replace the manufacturer's warranty but provides certain additional benefits during its term if the same are not covered under manufacturer's warranty.

    2. What Is Covered

      Subject to all other conditions set out in this agreement, EWSA+ADP plan shall cover the following scenarios in addition to the events covered by EWSA, section 2.

      1. Any physical damage or malfunctioning due to unintentional dropping/falling of the product.
      2. Any physical damage or malfunctioning due to coming in contact with water/any other liquid not of an ionizing nature wholly unintentionally and by way of accidental handling of product.
      3. Breakage in screen (In case of televisions, laptops, computer, tablets and smart phones) will be covered only one time.
    3. What Is Not Covered

      To avail cover under ADP, damage should be caused only and only by accidental handling of the product and not by your own negligence/intention.

    4. Registration

      Category type-II has to be registered with us within 24 hours of purchase of a new product that qualifies to be covered under this plan with a valid tax paid invoice.

    5. Coverage Start Date

      ADP Coverage under coverage type-II starts immediately upon purchase of the plan and continues till midnight of the last date of the term of the plan. However coverage under EWSA will start immediately upon expiry of manufacturer's warranty on the covered product. During the term of manufacturer's warranty EWSA shall cover only those scenarios that are covered under EWSA but not expressly covered under manufacturer's warranty.

      Illustration: You buy coverage type-II for a product with an initial manufacturer's warranty of six months on 1 Jan 2015 with plan term of one year. Your coverage under ADP shall start immediately and will come to an end on midnight 31 December 2015. However your cover under EWSA shall start after the expiry of manufacturer's warranty, say on 1 June, 2015 and will continue to be effective till midnight 30 May 2016 i.e for a complete one year.

    6. Relegation

      You have an option of downgrading your coverage to coverage type-I within 30 days of purchase of this plan provided no claim under ADP has been addressed within this time. You will be charged only for coverage type-I in this case and the balance amount will be refunded to you as per prevailing company policy. Contact us through our toll-free number or our website.

    7. Deductible
      1. Deductible in case of claim of cover in ADP shall be fixed at 6% the cost of product in invoice exclusive of taxes subject to a minimum of INR 500/- in respect of each and every claim.
      2. In case the claim can solely be covered under EWSA then deductible shall be fixed at 3% the cost of product in invoice exclusive of taxes subject to a minimum of INR 500/- in respect of each and every claim.
    8. Applicability

      In case coverage type-II (EWSA+ADP) is purchased by customer all provisions set out in this agreement including section 2 shall be equally applicable.

  4. ADDITIONAL CONDITIONS
    1. We may subcontract the services provided under any ShopNsecure E-Sales Pvt. Ltd EWSA without notice to customer.
    2. In the event of repairs of any parts of the unit, this plan will thereafter, continue and remain in force only for the unexpired period of the EWSA. The time taken for repair and in transit whether under the warranty or otherwise shall not be exclude from the warranty period.
    3. This Agreement is the complete and exclusive agreement between Shopnsecure E-Sales Pvt. Ltd. And customer relating to the subject matter hereof.
    4. Any statement or representation made by the seller or others that are inconsistent with this Agreement shall not be binding upon ShopNsecure E-Sales Pvt. Ltd any amendment or modification shall not be binding unless made in writing and signed by an authorized representative of ShopNsecure E-Sales Pvt. Ltd
    5. We shall not be liable for delay in furnishing or failing to furnish service if such delay or failure is caused by force majeure, an act of God, strike, Governmental action or any other cause beyond ShopNsecure E-Sales Pvt. Ltd's control.
    6. If any provision of these terms of service shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions hereof shall not in any way be affected or impaired.
    7. That marketing brochures are meant purely for educating customers about the features and terms of EWSA and they have no commercial value.
    8. All rights reserved with ShopNsecure E-Sales Pvt. Ltd
    9. ShopNsecure E-Sales Pvt. Ltd retains the right to change the terms or details of this Agreement at any time.
  5. DISPUTE RESOLUTION
    1. If any dispute or difference shall arise under this plan, such difference shall independently of all other question be referred to the decision of a sole arbitrator. Arbitration shall be conducted under and in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The law of the arbitration will be Indian law, and the seat of arbitration and venue for all hearings shall be within Delhi.
    2. It is hereby expressly stipulated and declared that it shall be a condition precedent to any right of action or suit upon this plan that the award by such arbitrator/ arbitrators of the amount of the loss or damage shall be first obtained.
    3. You and we understand and agree that because of this arbitration clause neither you nor we will have the right to go to court except as provided below or to have a jury trial. In accordance with the arbitration rules, however, you may, at your election, pursue an action available in small claims court in lieu of arbitrating the dispute.
    4. In the event that these arbitration provisions shall be held to be invalid then all such disputes or differences shall be referred to the exclusive jurisdiction of the Courts in Delhi.
    5. No one may bring legal action, including arbitration, against us under the any cause of action arising out of this plan or service there of unless:
      a. there has been full compliance with all terms of this plan; and
      b. The action is brought within one (1) years after you first have knowledge of the Loss or other events that are the basis of the action
  6. HOW TO USE YOUR PLAN
    1. If your product is not functioning normally please check the settings on your product and ensure they are configured correctly.
    2. Our representative will understand your problem, advise solution after payment of relevant deductible amount a service request ID will be issued to you. This shall be the only cost borne by you in the entire process of repairs.
    3. Depending upon your location, product and damage, either our representative will come over to your place and do the repairs or we will direct you to visit the nearest centre nearby to your place. In case unavailability of service centre nearby ,then we may ask you to ship your device to us.
    4. Company shall get the damaged product repaired with genuine/OE spare-parts. Once the covered product is repaired our company will have the products delivered/shipped back to you. The cost of delivery/shipping shall be borne by us.
    5. If you believe the problem faced by you is covered under this service agreement, please file a claim at https://www.shopnsecure.com/ or call us on +917834910004.