Moto Protect - Screen Damage Protection Plan Agreement
Important Notice
Please read the following terms carefully. By participating in the Screen Damage Protection plan, you acknowledge and agree that you accept the terms and conditions set forth below.
1. WHAT THIS AGREEMENT COVERS
This Moto Protect Screen Damage Protection Plan Agreement (“Agreement”) is the complete agreement between you (“you” or “Your”) and Service Lee Technologies Pvt. Ltd. (“Servify” or “us” or “our” or “we”) regarding support services to be provided by Servify for accidental physical display damage (“SDP” or “SDP Service”) to the display assembly of the Motorola branded smartphone product specified in your invoice (“Product”). This Agreement supersedes and replaces any prior oral or written communications between you and Servify regarding SDP for the relevant Product. Any additional or different terms in any order or written communications from you shall be void and of no effect. The SDP Service to which you are entitled under this Agreement will be provided for the Product only within India.
The terms ‘Moto Protect’ and ‘Moto’ have been licensed by Motorola to Servify to use for the purposes of independently providing SDP services to You. Motorola Mobility LLC, Motorola Mobility India Private Limited and other Motorola affiliates, wherever located (collectively ‘Motorola’), are not involved in the provision of these SDP services and are not liable to You for the services provided by Servify to you under this Agreement.
2. PRODUCT
The covered product is the Motorola mobile device as identified on your invoice.
3. WHAT IS COVERED
Subject to the terms and conditions contained herein this Agreement, Servify will replace the display assembly of the Product i.e. the screen, if it suffers accidental physical damage.
4. WHAT IS NOT COVERED
This Agreement does not cover:
i. Normal wear and tear due to the normal aging of the Product and Product display assembly;
ii. Cosmetic damage (e.g., scratches or dents that do not affect the Product’s functionality or structural integrity of the display assembly);
iii. Damage caused by a product not covered under this Agreement or by the use of non-Motorola branded or approved products or accessories;
iv. Software, personal data, music, pictures or any other content lost through Product damage, through a repair service by a MASC or due to Product replacement;
v. Liquid damage to the display assembly, including by biohazards or human or animal bodily fluids;
vi. Damage from intentional acts, abuse, misuse, unauthorized modification, operating a Product outside its permitted or intended uses, unsuitable physical or operating environment, removal of original parts or alteration of a Product or identification labels;
vii. Damage caused by improper maintenance or service performed by anyone other than through an authorized service centre;
viii. Damage to a product that is not the covered Product;
ix. Damage due to the use of the Product by a third party;
x. Damage caused by incorrect storage, poor care and/or maintenance, careless use, gross negligence, incorrect installation and/or incorrect set-up;
xi. Damage due to any experiments or tests and/or alterations resulting to any abnormal conditions of the Product;
xii. Products with serial numbers that have been altered, defaced or removed, or have been modified to alter its functionality or capability without the written permission of Motorola;
xiii. Theft, loss or damage from fire, flood, or natural disaster, war, terrorism, or acts of God;
xiv. Loss or damage covered by Motorola’s standard manufacturer’s warranty; or
xv. More than one (1) accepted claim within any Coverage Period (as defined below).
5. SPECIAL EXCLUSIONS
Servify shall not be liable in respect of loss or damage to the Product relating to or caused by you that is found to be involved in any way in fraudulent or illegal activity of any kind whatsoever related to the SDP Service or Product and/or your inability to submit any processing documents or supporting documents required for processing the request. Upon Servify’s determination that the loss or damage to the Product is not covered by reason of the exceptions or exclusions in this Section 5 or in Section 4 above, the burden of proving that such damage is covered shall remain with you.
6. COVERAGE PERIOD
You can purchase the SDP at the time of purchasing the Product The SDP period shall begin on the activation date of the Product for a period of 3/6/12 (three/six/twelve) months as per your purchased plan duration. The SDP will expire on the last day of plan duration immediately following such start date (“Coverage Period”). Coverage will terminate immediately if you reject these terms within 15 days of purchasing the SDP Service.
7. WAITING PERIOD
When Service is purchased subsequent to the purchase of your Product, you may not exercise your rights to Service for SEVEN (7) DAYS from the activation date of SDP.
8. SERVICE FEE
A Service Fee will be charged during any repair event covered under the Plan, as detailed below:
Slab |
Service Fee (with Taxes) |
Less than 7k |
599 |
7-10k |
599 |
10-12k |
799 |
12-15k |
799 |
15-18k |
1099 |
18-22k |
1099 |
22-26k |
1099 |
26-30k |
1099 |
30-50k |
1699 |
50-60k |
1999 |
60-70k |
2999 |
70-80k |
3299 |
Above 80k |
3299 |
Razr |
1999 |
Razr Ultra |
8499 |
9. YOUR RESPONSIBILITIES
i. At the time of raising the claim, provide a copy of your Product’s original invoice ;
ii. Provide information about the reasons and causes of the damage to the display assembly of the Product;
iii. Respond to requests for information, including but not limited to the Product serial number, model, version of the operating system and software installed, actions taken before the Product experienced the damage and steps taken to avoid the damage;
iv. Make sure to backup software and data residing on the Product. DURING THE FULFILLMENT OF SDP SERVICE, the AUTHORIZED SERVICE CENTRE MAY DELETE THE CONTENTS OF THE PRODUCT AND REFORMAT THE STORAGE MEDIA IF NECESSARY. Servify may return your Product after the SDP Service subject to applicable updates. Latest software updates may be installed as part of hardware service that will prevent the Product from reverting to an earlier version of the Operating System. Third party applications installed on the Product may not be compatible or work with the Product as a result of the Operating System update. You will be responsible for reinstalling all other software programs, data and passwords. Servify and/or the authorized service centre will not be responsible or liable to you in case of loss of any data, password, storage media or any other information or content left behind by you in the Product while repairing the Product under this Agreement.
10. CLAIM LIMITATIONS
Servify will accept up to one (1) claims within the Coverage Period (as defined in Section 6 above). The cost of such claim(s), either individually or cumulatively do not exceed the invoice value of the Product. In case the cost of the claim(s) is more than the invoice value, you agree to bear the excess amount.
Further, except in case of a cancellation or rejection of these terms by you within 15 days of the purchase of the SDP services, no financial refund will be provided to you by Servify. Further, at no point in time, will any financial compensation be offered to you by Servify under this Agreement if Servify is unable to repair or replace the display assembly of the Product.
11. SERVICE
Under SDP, display assembly replacement service will be provided by Servify through authorized service centres or by their subcontractors. After Servify accepts your claim, you can choose either of the options on the Servify customer App:
a) yourself directly submit the Product to the authorized service centre and then collect it back after completion of service. Details of authorized service centres are available on the Servify customer App; or
b) Opt for Servify to pick up the Product from your location, for delivery to the authorized service centre and return the Product back to you after completion of the service.
Servify will at our sole discretion replace the display assembly on your Product. You may be asked to provide your original invoice as a proof of purchase or as a condition to receiving SDP Service under this Agreement. The purchaser of the Product whose name is mentioned on the original invoice shall be deemed the customer entitled to receive SDP Service under this Agreement. Your original purchase receipt should be kept by you in a safe place.
12. PAYMENT; REGISTRATION
Payment must be received by Servify in advance of providing SDP. You are responsible for any taxes related to SDP. After purchase of your SDP plan, You may receive an automated communication of confirmation of your registration upon Servify completing the registration formalities.
13. WARRANTY
Servify warrants that services will be performed using reasonable care and skill.
THIS WARRANTY IS YOUR EXCLUSIVE WARRANTY AND REPLACES ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
14. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY SET FORTH HEREIN, SHALL SERVIFY, MOTOROLA, ITS AFFILIATES, SUPPLIERS, CONTRACTORS, RESELLERS, OR SERVICE PROVIDERS BE LIABLE FOR ANY OF THE FOLLOWING, EVEN IF INFORMED OF THEIR POSSIBILITY AND REGARDLESS OF WHETHER THE CLAIM IS BASED IN CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY OF LIABILITY: 1) THIRD PARTY CLAIMS AGAINST YOU FOR DAMAGES; 2) LOSS, DAMAGE OR DISCLOSURE OF YOUR DATA; 3) SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, BUSINESS REVENUE, GOODWILL OR ANTICIPATED SAVINGS. IN NO CASE SHALL THE TOTAL LIABILITY OF SERVIFY, ITS AFFILIATES, SUPPLIERS, CONTRACTORS, RESELLERS OR SERVICE PROVIDERS FOR DAMAGES FROM ANY CAUSE EXCEED THE AMOUNT OF ACTUAL DIRECT DAMAGES, NOT TO EXCEED THE AMOUNT PAID FOR THE PRODUCT.
THE FOREGOING LIMITATIONS DO NOT APPLY TO DAMAGES FOR BODILY INJURY (INCLUDING DEATH), DAMAGE TO REAL PROPERTY OR DAMAGE TO TANGIBLE PERSONAL PROPERTY FOR WHICH SERVIFY IS LIABLE UNDER LAW.
15. GENERAL
Any information exchanged between us is not confidential or proprietary, including any information you disclose over the phone or electronically. Servify and our related companies may process, store and use information about your transaction and your contact information, including – as far as provided by you to Servify for this purpose – name, phone numbers, address, and e-mail addresses, to process and fulfill your transaction. We may also contact you to notify you about any product recall, safety issue or service actions. Servify may also transfer or share any confidential or personal information shared by you with Motorola, for which you have deemed to have consented by agreeing to these terms and conditions. Where permissible under local law, and to the extent permissible, we may use this information to inquire about your satisfaction with our products or services or to provide you with information about other products and services. You may decline to receive any further such communications from us at any time. In accomplishing these purposes, we may transfer your information to any country where we do business; we may provide it to entities acting on our behalf; or we may disclose it where required by law. Subject to the provisions of this clause, we will not sell or otherwise transfer personally identifiable information you provide to any third parties for their own direct marketing use without your consent. For more information regarding how we may collect, store and use your personal information, please review the Servify Privacy Statement, available at: https://servify.com/in/privacy/ If any provision of this Agreement is deemed unenforceable or void, the remaining provisions shall remain in full force and effect. Nothing in this Agreement affects any statutory rights of consumers that cannot be waived or limited by contract. Each of us grants the other only the rights specified in this Agreement. No other license or rights (including license or rights under patents) are granted by either of us to the other. Neither of us grants the other the right to use its trademarks, trade names, or other designations in any promotion or publication without prior written consent. Neither of us will bring a legal action arising out of or related to this Agreement or Service more than two years after the cause of action arose unless otherwise provided by applicable law without the possibility of waiver by contract. Neither of us is responsible for failure to fulfill obligations due to causes beyond their control. Either of us may communicate with the other by electronic means and such communication deemed to be in writing to the extent permissible under applicable law. An identification code contained in an electronic document shall be sufficient to verify the sender’s identity and the authenticity of the document. Each of us will comply with any laws and regulations that are applicable to this Agreement. Servify may assign this Agreement at any time upon written notice including but not limited to an affiliate or to our successor organization by merger or acquisition and does not require your consent. Servify may also assign its rights to payments under this Agreement without your consent. You may not assign this Agreement. Any terms which by their nature extend beyond the termination of this Agreement remain in effect until fulfilled and shall apply to our respective successors and assigns. Both you and Servify consent to the application of the laws of India to govern, interpret, and enforce our respective rights, duties, and obligations under or relating to this Agreement, without regard to conflict of law principles. The courts of Mumbai will have jurisdiction to adjudicate on any dispute or difference between the parties to this Agreement. You agree that any claim under this Agreement from your side will be only against Servify. Each of us hereby waives our right to a jury trial in any action arising under or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.
Customer Service Contact number: 1800 123 333 888
Customer Service Contact Email ID: Support@servify.com