Accidental Damage and Liquid Damage (ADLD) Plan - 1 Year

Applicable for Smartphones, Smartwatches, Tablets, and Laptops 

1. The Plan
   The Accidental & Liquid Damage Plan offered by Solvy Tech Solutions Private Limited (hereinafter referred to as “Zopper) governs the registration and support process for any kind of accidental and/or liquid damage for applicable Samsung devices to the extent provided herein. The plan is valid for select new smartphones, smartwatches, tablets, and laptops sold by authorised sales channels of Samsung India Electronics Private Limited (“hereinafter referred to as “Samsung”) in India in their original packaging. This plan is not valid for any products that are either refurbished or purchased by a customer who posts a return from the first customer, even in an unboxed condition.
2. Plan Term
   Benefits under the Plan begin when the customer, who is the User of the Device, registers the Device for the Plan and ends on completion of 1 Year from the date of purchase of the Plan (“Plan Term”).
3. Plan Eligibility
   
   1. This Plan is available only for devices purchased within the last 3 days from the original purchase date. The purchase window may be extended by Samsung, provided additional device diagnostics is available.
   2. The terms of this Plan, the original sales receipt for the customer’s Plan, the original sales receipt of the customer’s device, the identity proof the customer provided at the time of raising a damage repair service request, the indemnification the customer provides about the working condition of the registered device before the purchase of the Plan and the Plan Confirmation are each part of the customer’s Plan.
   3. The benefits under the accidental and liquid damage protection plan are in addition to the benefits provided by the manufacturer under the manufacturer’s warranty.

4. Plan Details
   
   1. “Registered” Device
      The Device that was successfully registered under the Plan within 3 calendar days from the original purchase of the Device is termed as “Registered Device”.
   2. Customer
      The purchaser of the Registered Device, whose name is mentioned on the original invoice, is the Customer. The purchaser’s spouse, children and parents can be the users of the Registered Device. If the purchaser is a company, the customer shall mean any representative/employee of the company authorised to use the Registered Device.

Benefits Value
Maximum Benefits Value is equivalent to the invoice value of the Registered Device at the time of submitting a Damage Repair Request for availing accidental damage protection as eligible under this Plan. Limit is two (2) repair instances for the Plan term of 1 year for the registered device, subject to the maximum eligible Benefits Value at the time of submitting a request. If the repair charges are more than the Benefits Value, the Customer will have the option to bear the differential price for obtaining the repair as determined by the Authorised Service Centre (“ASC”) of Samsung. There is a Processing Fee charged during a repair event under the Accidental and Liquid Damage Protection Plan as mentioned below:

Please note that the Device list mentioned here is not exhaustive. In case the customer’s Device is not featured in the list here, please go through the claim process to know the processing fee applicable for the Device.

1. Beyond Economic Repairs (BER)
   If the repair cost of the Registered Device is more than the Benefits Value of the Registered Device, then the repair request will be determined as Beyond Economic Repairs (BER). In case of BER, a like-for-like replacement will be provided of a similar make and model of the Covered device (same colour will be provided on a best effort basis).
2. Scope of Service under the Plan
   Provided the Registered Device is handed over to Samsung Authorised Service Centre or its authorised channels in its entirety during the damage repair request Process & that the customer has submitted the documents as desired under the Plan and has purchased the Registered Device from official sales channels of Samsung in India, the following conditions would be considered under the Plan.
   
   1. Inclusions
      
      1. Accidental physical damage and/or such damage that impairs the normal usage of the Registered Device
      2. Fails to work because fluid has accidentally entered its internal circuitry, touch panel, sub-board or battery, resulting in stoppage of the Registered Device
      3. Damages due to:
         
         1. Act of god, perils, fire, lightning and explosion
         2. Damage during riot, strike & malicious damage

   2. Exclusions
      
      1. If the Plan has been purchased more than 3 days after the purchase of the registered device. Any damages to the Registered Device prior to the Plan activation.
      2. Any damages reported within 7 days of activation of the Plan
      3. Theft or loss of the smartphone
      4. Any damage to the Registered Device:
         
         1. Due to Intentional act or wilful neglect
         2. Under mysterious circumstances, including lost or stolen
         3. Due to a serial number that has been altered, defaced or removed, or has been modified to alter its functionality or capability without the written permission of Samsung
         4. Due to any experiments or tests and/or alterations resulting in any abnormal conditions of the Registered Device
      5. Damage caused by:
         
         1. Product/accessory that is not the Registered Device
         2. Operating the Registered Device outside the permitted or intended uses described by the manufacturer
         3. Service (including upgrades and expansions) performed by anyone who is not an Authorised Service Centre (“ASC”)
         4. Third-party products or their effects on or interactions with the Registered Device or the software
         5. Consequential loss of any kind or description, including wear & tear, manufacturing defects
         6. Cosmetic damage to the Registered Device, including but not limited to scratches, dents and broken plastic on ports
         7. Loss or damage covered by supplier, dealer or manufacturer’s warranty
      6. Registered Device that has been stolen

2. Special Exclusions
   Zopper and Samsung shall not be liable in respect of loss or damage to Registered Device relating to or caused by the following:
   
   1. Loss or damage due to mechanical or electrical breakdown or derangement, unless such loss is accidental damage and is not covered within the manufacturer’s warranty
   2. Any loss or damage to the Registered Device in connection with delays, detentions, or any claims related to performance or efficiency guarantees.
   3. Zopper and Samsung shall not be liable if: 
      
      1. The user is found to be involved in any fraudulent or illegal activity of any kind whatsoever related to this Plan or Registered Device and/or
      2. If the Plan has been purchased more than 3 days from the purchase of the registered device, due to the inability of the Customer to submit either of the processing documents or supporting documents required for processing the request.

   4. In any action, suit or other proceeding where the Zopper or underwriting Zopper(s) alleges that by reason of the provisions of the exceptions or exclusions above, any loss, destruction or damage is not included under this Plan, the burden of proving that such loss, destruction or damage is included shall be upon the Customer.

3. Worldwide Cover
   The device is covered for damages occurring anywhere in the world. However, the repair will be done only in India as per the process mentioned.
4. Plan Activation Process
   The customer does not need to activate the Plan. The customer’s device is automatically covered under the Plan from the Plan purchase date.
5. Service Request Process
   In the event of damage to the Registered Device, the customer is required to:
   
   1. Immediately (not later than 7 Days from the time of the defect) inform Zopper through the Samsung Unified Web Portal, Samsung Call Centre, Samsung Authorised Service Centre or Samsung retail outlets from where the consumer has bought the device detailing the defect, and any documentary evidence of the defect.
   2. Answer a few questions on the incident. The process is completely paperless, so no documents will be required.
6. Service Fulfilment Process
   Zopper provides services through Carry In Service for the Registered Device, which enables repair at the nearest Samsung Authorised Service Centre as indicated in the Samsung Unified Web Portal. The customer Service will be performed at the Samsung Authorised Service Centres after verification of the entitlement and validity of the Plan. Once the service is complete, the customer will promptly be notified via the Samsung Unified Web Portal and via SMS and Email communication.
   Zopper reserves the right to change the method by which they may provide repair service to the customer, and his/her Registered Device’s eligibility to receive a particular method of service under this Plan. Service options, parts availability and response times may vary according to the city the customer lives in.
7. The Customer’s Responsibilities
   To receive service or support under the Plan, the customer agrees to comply with the following:
   
   1. Provide a copy of the customer’s Registered Device’s original proof of purchase if requested..
   2. Provide information about the reasons and causes of the damage to the Registered Device.
   3. Provide identity proof if requested by Zopper (at the time of raising a ‘Damage Repair Request’) to verify the User of the Device, on which Plan is activated.
   4. Respond to requests for information, including but not limited to the Registered Device serial number, model, version of the operating system and software installed, any peripherals, devices connected or installed on the Registered Device, any error messages displayed, actions taken before the Registered Device experienced the damage and steps taken to avoid the damage.
   5. Follow instructions Zopper gives to the customer, including but not limited to refraining from sending the Registered Device that is not subject to damage protection as per the Plan and packing the Registered Device in accordance with shipping instructions as per the Plan.
   6. The customer must make sure to back up data residing on the Registered Device. DURING THE FULFILLMENT OF DAMAGE REPAIR SERVICE, ZOPPER OR THE ASC MAY DELETE THE CONTENT OF THE REGISTERED DEVICE AND REFORMAT THE STORAGE MEDIA IF NECESSARY. Zopper, or ASC, may return the Registered Device after the service event, subject to applicable updates. Zopper or the ASC may install the latest software updates as part of a hardware service that will prevent the Registered Device from reverting to an earlier version of the Operating System. Third-party applications installed on the Registered Device may not be compatible or work with the Registered Device as a result of the Operating System update. The customer will be responsible for reinstalling all other software programs, data and passwords.
8. Cancellation And Refund
   There is no cancellation allowed under this Plan.
9. Limitation Of Liability
   TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAMSUNG, ZOPPER AND ITS EMPLOYEES AND AGENTS WILL UNDER NO CIRCUMSTANCES BE LIABLE TO THE CUSTOMER OR ANY SUBSEQUENT OWNER FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO COSTS OF RECOVERING, REPROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA OR THE FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA, ANY LOSS OF BUSINESS, PROFITS, REVENUE OR ANTICIPATED SAVINGS, RESULTING FROM ZOPPER’S OBLIGATIONS UNDER THIS PLAN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMIT OF SAMSUNG, ZOPPER AND ITS EMPLOYEES' AND AGENTS' LIABILITY TO THE CUSTOMER AND ANY SUBSEQUENT OWNER ARISING UNDER THE PLAN SHALL NOT EXCEED THE DEPRECIATED VALUE OF THE REGISTERED DEVICE. SAMSUNG AND ZOPPER SPECIFICALLY DO NOT WARRANT THAT (i) IT WILL BE ABLE TO REPAIR OR REPLACE REGISTERED DEVICE WITHOUT RISK TO OR LOSS OF PROGRAMS OR DATA, (ii) IT WILL MAINTAIN THE CONFIDENTIALITY OF DATA, OR (iii) THAT THE OPERATION OF THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE. NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT ZOPPER’S LIABILITY FOR (I) DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE, OR (II) FRAUD. TO THE EXTENT THAT LIABILITY UNDER SUCH LAWS AND REGULATIONS MAY BE LIMITED, ZOPPER’S LIABILITY IS LIMITED, AT ITS SOLE OPTION, TO REPLACE OR REPAIR OF THE REGISTERED DEVICE OR SUPPLY OF THE SERVICE.
10. Transfer of Plan
    
    1. The transfer of ownership of the Plan for the Registered Device from the Device to another party will render the Plan & its benefits null and void.
    2. If the Registered Device is replaced under manufacturer’s warranty during the Plan Term, then the replacement Device will be termed as Registered Device, with the applicable Plan benefits for the remaining period of the Plan Term.
    3. It is the responsibility of the Customer to share the replaced Smartphone’s IMEI and the replacement invoice issued by the ASC.
11. General Terms
    
    1. Zopper may subcontract or assign the performance of its obligations to third parties, but shall not be relieved of its obligations to the customer in doing so.
    2. Zopper is not responsible for any failures or delays in performing under the Plan that are due to events outside its reasonable control.
    3. The customer is not required to perform preventative maintenance on the Registered Device to receive service under the Plan.
    4. The smartphone is covered for damages occurring anywhere in the world. However, the repair will be done only in India as per the process mentioned.
    5. This Plan is not offered to people who have not reached the age of majority. This Plan may not be available in all states, and is not available where prohibited by law.
    6. In carrying out its obligations, Zopper may, at its discretion and solely for the purpose of monitoring the quality of its response, record part or all of the calls between the customer and it.
    7. Zopper has security measures, which should protect the customer’s data against unauthorised access or disclosure as well as unlawful destruction. The customer will be responsible for the instructions he/she gives to Zopper regarding the processing of data, and Zopper will seek to comply with those instructions as reasonably necessary for the performance of the service and support obligations under the Plan. If the customer does not agree with the above or if the customer has questions regarding how the data may be impacted by being processed in this way, the customer can reach out via mail at assure@zopper.com.
    8. The customer agrees that any information or data disclosed to Zopper under this Plan is not confidential or proprietary to the customer. Furthermore, the customer agrees that Zopper may collect and process data on his/her behalf when it provides service. This may include transferring the customer’s data to affiliated companies or service providers in accordance with the Customer Privacy Policy of Zopper, details of which are available on its website at https://www.zopper.com/privacy-policy.
    9. The terms of the Plan, including the original sales receipt of the Registered Device and the Plan Confirmation, prevail over any conflicting, additional, or other terms of any purchase order or other document, and constitute the customer’s and Zopper’s entire understanding with respect to the Plan.
    10.  Zopper is not obligated to renew this Plan. If either Zopper does offer a renewal, they will determine the price and terms.
    11. There is no informal dispute settlement process available under this Plan.
    12.  In the event any section or portion of a section of these terms and conditions is deemed invalid, void or unenforceable, that section or portion of a section shall be severed from these terms and conditions, and the remaining terms and conditions shall continue in full force and effect.
    13.  These terms and conditions shall be governed by and construed under the laws of India.
    14.  These terms and conditions do not affect the customer’s statutory rights as a consumer.

12. Support Contact Details:
    
    1. Samsung Customer Service Number: 18002021234 (Mon-Sun, 09:00 am-09:00 pm)
    2. Samsung Customer Service Email ID: support.careplus@samsung.com

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