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    STANDARD TERMS AND CONDITIONS

    1. DEFINITIONS

    1.1 "Plan(s)" shall mean either or all of the products/ services package offered by OneAssist from time to time, which products/services may have added on components or features, details of which are mentioned in the Welcome letter kit / welcome email.

    1.2 "Joint Plan" means any OneAssist Plan that is taken for two members at the same time where the two members are related to each other as:

    1 Spouse

    2 Siblings

    3 Parent – Child

    4 Grandparent – Grandchild

    1.3 "Plan Fee" shall mean the fees charged by OneAssist from time to time for the Plan(s) availed of 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.

    1.4 "Plan Terms" shall mean the terms and conditions separately provided with the Terms herein which shall be specifically applicable in relation to each Plan(s).

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

    1.6 "Service Partner" means any third-party service provider affiliated with OneAssist.

    1.7 "Personal Information/Data" shall mean and include such personal and financial information of the Customer relating to his/her data /or documents, in any medium including financial information such as bank account or credit card or debit card or other payment instrument details, identification document details including passport, PAN card details, driving license, etc.

    1.8 "Service Centre" means the Authorized Service Centre or OneAssist Authorized Service Centre used for carrying out Damage device Repair/Replacement or Serial number verification

    2. PURPOSE

    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.

    2.3 Customer acknowledges the receipt of the Terms and the Plan Terms, as applicable and agrees to be fully bound by the Terms and the relevant Plan Terms. In the event, the Customer activates the insurance by sharing device details or avails of any benefit under any of the Plan Terms or lodges a claim within the term of the Policy, the Customer shall be deemed to have accepted the Terms unconditionally.

    3 CUSTOMER CONSENTS AND CONFIRMATIONS

    3.1 Further, the Customer has and hereby consents to the use of the Personal Information by OneAssist for the purposes of providing the various services under the Plan(s) offered by OneAssist. OneAssist respects the privacy of the Customer and the confidentiality of Customer’s Personal Information so collected by OneAssist by itself or on its behalf and shall take all reasonable steps to protect it and maintain its confidentiality.

    3.2 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 add-on 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.

    3.3 The Customer expressly and without limitation, consents to OneAssist or its service partners recording phone calls between the Customer and OneAssist on the 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.

    3.4 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.

    3.5 The Customer hereby provides his/her consent to OneAssist for appointing 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.

    3.6 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.

    3.7 The Customer hereby consents to OneAssist identifying any service providers and/or products that may be of some interest to the Customer.

    3.8 The Customer hereby consents to receiving period SMS / email communication from OneAssist of information pertaining to its product features / services.

    4 TOTAL FEES/CHARGES

    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 and the Customer may make a one-time payment of the Plan Fee for the applicable period or authorize OneAssist 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) and the Insurance Fee 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. However, activation of Insurance cover is subject to receipt of documents and device related information as specified in the Insurance cover section hereunder.

    5 SERVICING OF CLAIMS

    5.1 The Customer acknowledges and understands that claim or payment of any benefit covered by an add-on group insurance cover shall be at the sole discretion of the Insurer and OneAssist shall only provide assistance in facilitation of the claim by liaising with the Insurer.

    5.2 Any 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 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.

    5.3 Notwithstanding anything contained hereinabove, OneAssist shall not be obliged to entertain any claim from the Customer unless (i) the Customer is over the age of 18 years at the time of Plan activation and a resident of India, and (ii) the Plan Fee up to the date of claim has been paid.

    6 CANCELLATIONS/ RENEWAL/TERMINATION

    6.1 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.

    6.2 OneAssist will cancel the plan if the information/documents, device details or images as stipulated in the plan, that may be required for the purpose of the insurance cover activation is not made available within 15 days of purchase of the plan

    6.3 OneAssist will cancel the Terms and/or the Plan Terms if the Customer has at any time:

    1. agreed to help any third party to try to obtain money fraudulently or dishonestly from OneAssist or the Insurer; or

    2. is in violation of applicable law as may be relevant to the use of the Plan(s); or

    3. 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
    4. 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.

    6.4 If notice of termination is provided by the Customer within the Free Look-In Period, a full refund is available. After the expiry of the Free Look-In Period, for any cancellation by the Customer, OneAssist will refund the Plan Fee based on the grid mentioned below, provided however, that if the Customer has lodged a claim or availed of any benefit under any of the Plan Terms any time during the term of the plan, no refund will be available.

    Period

    Refund Percentage

    0-15 Days

    100%

    Above 15 Days

    No Refund

    The above refund percentage is on Plan Fee.

    7 CONFIDENTIALITY

    7.1 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.

    8 REPRESENTATIONS AND WARRANTIES

    8.1 The Customer represents that he/she is completed the age of 18 years and is a resident of India.

    8.2 The Customer is in compliance with the applicable law as may be relevant for the Plan (s) which is availed of by the Customer.

    8.3 The Personal Information provided by the Customer for the purposes of availing of the Plan(s) is and shall be true and accurate.

    9 OBLIGATIONS AND COVENANTS OF THE CUSTOMER

    9.1 If the Customer receives a benefit as contemplated under any specific Plan Terms and it is later discovered that the claim was dishonest, fraudulent, or false, OneAssist 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.

    9.2 The Customer undertakes that he/she shall strictly comply with the terms of usage contained in the Plan Terms in relation to the use of the Plan(s).

    9.3 The Customer acknowledges, confirms, and covenants that that the object of the Plan(s) being availed of or provided by OneAssist is not an ‘insurance product’ but insurance is merely an 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.

    9.4 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:

    1. belongs to another person and to which the user does not have any right to or which is confidential;
    2. is an impersonation of another person, grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
    3. harm minors in any way;
    4. infringes any patent, trademark, copyright or other proprietary rights;
    5. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
    6. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or
    7. Threatens the unity, integrity, defense, security or sovereignty of India or seditious, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any other nation or violates any other provision of law.

    10 LIMITATION OF LIABILITY

    10.1 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.

    10.2 In case of a claim under the add-on group insurance benefit provided 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.

    11 INDEMNITY

    11.1 The Customer hereby agrees to defend, indemnify, and hold OneAssist and its officers, directors, employees and subcontractors harmless from any and all losses, damages, liabilities, verdicts, settlements, judgments, costs, and expenses (including reasonable attorneys' fees) incurred by OneAssist or its officers or employees arising out of:

    1. any wrongful act or omission of the Customer in relation to the usage of the Plan(s);
    2. any willful misconduct, gross negligence, or fraud by the Customer;
    3. any failure of the Customer to comply with the applicable law;
    4. any breach of the representations, warranties, obligations and covenants of the Customer or a default of the Customer’s obligations; and
    5. 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

    12 NOTICES

    12.1 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 Pvt Ltd

    PO Box No. 7431, Marol Bazar Post Office,

    18, Military Rd, Sankasth Pada Welfare Society, Shivaji Nagar JJC,

    Marol, Andheri East, Mumbai, Maharashtra 400059

    13 MISCELLLANEOUS

    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. If the Customer does not accept the amendment of the Terms and/or the Plan Terms, he shall have the right to terminate Terms and the Plan Terms with appropriate notice as may be specified in Clause 6. The alteration of the Terms and/or the Plan Terms shall be deemed accepted where the Customer continues to use the service one (1) month after the amendment has taken effect.

    13.4 The Terms along with the relevant Plan Terms constitutes the entire agreement between the parties with respect and in relation to the Plan (including any modification or amendment thereto) subscribed or availed of by the Customer and supersedes all previous communications, representations, understandings and agreements, either oral or written.

    13.5 The Agreement shall be governed by the laws of the Republic of India.

    13.6 All disputes arising in connection with the Terms and/or the respective Plan Term(s) shall be finally settled by arbitration pursuant to the rules of the Arbitration and Conciliation Act, 1996, by one arbitrator appointed in accordance with the said Rules. The seat of arbitration shall be Mumbai. The language of the arbitration proceedings shall be English. The decision of the arbitrator shall be final and binding on the parties.

    OneAssist Assured Buyback Program for Laptop

    Service Description and Terms & Conditions

    Note: The terms contained herein are specific terms and conditions and should be read in conjunction with the specific features of the product purchased by you as mentioned in the Welcome Letter kit/welcome email. These conditions are in addition to and not in derogation of the standard terms and conditions.

    1. OneAssist Assured Buyback (ABB) Program (hereinafter referred to as "Program") will be fulfilled by OneAssist at its sole discretion. This is an on-going Program, till any further notice.
    2. Under this Program customer(s) will be eligible to get an Assured Buyback value on their eligible Laptop Device(s), within a period of 42 (forty-two) months from the date of purchase invoice of the said Device. For details kindly refer Clause 8 below. This Program will be available in select serviceable areas only as detailed in Clause 12 below
    3. The OneAssist Assured Buyback Value can be redeemed via OneAssist Mobile App from 4th Month or 91st Day from OneAssist membership start date. Customer will not be able to redeem within the first 3 (three) months from OneAssist membership start date.
    4. This Program will be applicable on purchase of select Laptop(s) being bought from official channel of Flipkart Pvt Ltd. OneAssist may include or exclude any Device(s) under this Program from time to time at its sole discretion.
    5. Customers may enrol in this Program at the time of purchasing the Device or within 7 days of purchasing the device. The customer must buy the model specific plan upon payment of the applicable plan fee as will be informed to the customer at the time of opting-in under this Program.
    6. Once the customer is enrolled for this Program, Partner will send a welcome/plan enrolment email with details of OneAssist Assured Buyback Program Plan along with the applicable terms and conditions. The customer will have an option to Cancel the membership within 15 days of purchase of the plan to get the entire plan fee refunded - provided the customer has not used any of the mentioned service in the plan.
    7. OneAssist Assured Buyback Value will be subject to the Device meeting the mentioned conditions as per Clause 9 at the time of return. In case the Device does not meet the said conditions, it will NOT be eligible for the Assured Buyback value. In such a case, the exchange value will be subject to re-evaluation (according to the quality assessment) and the customer may opt-in for the revised exchange value being offered by OneAssist.
    8. Assured Buyback Values as available under this Program are detailed herein below. OneAssist reserves the right to modify/alter/replace or withdraw them at any point of time at their sole discretion and without any prior notice.

    OneAssist Assured Buyback Value based on the tenure from device invoice date:

    OneAssist Assured Buyback Value (as % of device invoice value)

    Age of the Device

    HP

    Dell

    Lenovo

    Asus

    MacBook

    Up to 4 Month

    Not Applicable

    4 to 12M

    45%

    45%

    45%

    40%

    50%

    13 to 24M

    40%

    40%

    40%

    35%

    45%

    25 to 36M

    25%

    25%

    25%

    15%

    30%

    37 to 42M

    15%

    15%

    15%

    10%

    20%

    ABB value will be calculated on Device Invoice Value

    Duration will be calculated from Device Invoice Date

    1. OneAssist shall do the following quality assessment (including but not limited to) and valuation of the device will be done based on below listed parameters. Customer will get the Assured Buyback Value if the device satisfies all the below conditions.
    2. The internal components should be in perfect working conditions, implying
    3. Device should switch on
    4. All basic components like – Keypad, Touchpad, CD/DVD drive, Speakers, USB Ports, Webcam,

    Wi-fi etc should be working iii. All Buttons of Keypad should be working iv. Hard-drive should not be missing / defective

    1. No issue with Motherboard like auto-restart, hanging, heating or auto-booting issue
    2. Other hardware components like hinges, trackpad etc should be working fine
    3. Device must pass through all the health check tests which OneAssist or their representative may perform on the covered device to arrive at the final redemption value
    4. Battery should not be dead (backup of less than 60 mins or more than 800 cycles) or swollen, and no parts and components should be missing

    In case OneAssist or their representative finds discrepancy in any of the above parameters, OneAssist, at its sole discretion, may choose to reject the redemption request or may pay post applying additional deduction on the final redemption value.

    1. External Conditions should be flawless, implying
    2. On Body: No Cracks, Scratches or Dents. No Body Bent/Bulge/De-Shaped. Any Minor or Major Scratches and/or Dents will be assessed by OneAssist in its sole discretion and may lead to re-evaluation of exchange value
    3. On Screen: No Cracks, No Minor or Major Scratches, Screen not coming out of body, No Touch-Screen issue (wherever applicable), No Discoloration. The display should not have any spots or dead pixels
    4. There should be no broken, cracked, or damaged parts, including screen, body, backpanel, buttons etc.
    5. No parts, buttons, panels, components should be missing
    6. No Unauthorised Modifications should have been done to the device, implying
    7. Device should not be rooted, cloned or software hacked
    8. Device should not have water damage or be repaired from any unauthorized source
    9. Serial number, must match with information already provided at the time of membership registration
    10. Brand/Model/Variant should be same as mentioned in the Plan at the time of purchase of the new Device
    11. Original Ancillaries needs to be produced, implying
    12. Original Invoice
    13. Original Brand Box
    14. Original Charger and any other accessories in the brand box need to be provided in working condition

    15. Process for redemption:

      1. Redemption of the OneAssist Assured Buyback Program is available only on the OneAssist Mobile App.
      2. Customer should login to the OneAssist Mobile App with the registered mobile number, visit the membership details section and start the redemption process.
      3. The customer will have to answer a few additional questions to get the applicable Assured value of the device and enter bank details where he/she wants the redemption value.
      4. The Customer will have to select the pin-code & address from where they want the device to be picked up within 7 days to continue the redemption process. In case the customer does not schedule the pickup within 7 days, then the initial service request will expire. And the customer will have to reinitiate the redemption process in the OneAssist Mobile App.
      5. The OneAssist representative will carry out the detailed device quality check (QC) in the presence of the customer; and share the final exchange price with the customer. The final exchange price may vary from the initial quoted price based on the actual condition of the device at the time of exchange.
      6. The customer will be required to handover the Device to the OneAssist representative to avail the assured buyback value.
      7. The Final amount shown to the customer will be remitted to the Bank account shared by the customer at the start of the redemption journey.
    16. This Program is non-transferable and valid for eligible Devices only.
    17. As referred to in clause 2 above, this Program will be available in select Serviceable Cities and pin codes as agreed between the Flipkart and OneAssist Consumer Solutions Private Limited.
    18. In no event shall OneAssist and/or its authorized partners be liable for losses or any incidental or consequential damages arising out of or in connection with this Program or other product specific or thirdparty offer(s), its services these Terms (however arising, including negligence). Standard manufacturer’s warranty, if any, shall be applicable for all Device(s).
    19. OneAssist including its authorized partners shall not be liable for any loss or damage due to act of God, governmental actions, other force majeure circumstances and shall not be liable to pay any amount as compensation or otherwise for any such loss.
    20. The participation in this program is voluntary and constitutes acceptance of these terms and conditions; and customer(s) agrees to receive communication(s) from OneAssist and or its authorized partners and/or its event management company relating to the Program and for the purpose of ensuring order fulfilment and obtaining customer feedback. Customer(s) unconditionally agree not to make any claim or raise any complaint against OneAssist and its authorized partners in this respect.
    21. OneAssist reserves the right to modify/alter or discontinue these Terms and Conditions or extend/withdraw/annul the Program or offers at its sole discretion without assigning any reasons or without any prior intimation whatsoever.
    22. In the event of any conflict or inconsistency regarding any instructions, rules, and conditions on any advertising or promotional material relating to the Program, these Terms and Conditions shall prevail over all such other instructions, rules, and conditions.
    23. Any dispute relating to the Offer or the terms and conditions shall be subject to the jurisdiction of the courts in Mumbai only.
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